In determining an appropriate sentence, a judge will take certain factors into consideration, such as (1) your prior
criminal record, (2) prior home invasion
convictions, (3) the
seriousness of the crime you intended to commit, and (4) whether the occupants were home at the time
of the invasion.
Usually, the Crown Attorney will proceed by summary
conviction for less serious offences, but they may choose to proceed by indictment after considering factors such as the
seriousness of allegations or the accused's prior
criminal record.