Offence
There are several kinds of aggravated assault under the Summary Offences Act 1966 (Vic) s24. It clearly outlines that where a person is convicted for assault or battery upon any male child whose age in the opinion of the court does not exceed fourteen years or upon any female, if in the opinion of the court the assault or battery is of such an aggravated nature that it cannot sufficiently be punished under the last preceding section.
What is Assault?
An assault can take many different forms, which can be confusing at times. Generally, assault is where one person intentionally or recklessly causes another person to apprehend that force will be applied.
What the prosecution needs to prove?
In order for the police to prove a charge of aggravated assault they must prove beyond reasonable doubt that:
- The accused assaulted another person, while being around one or more people;
- The accused assaulted another individual by kicking or by using any weapon; or
- The accused committed an assault of such an aggravated nature against a male child or a female that it cannot appropriately be penalized under section 23 for common assault.
Possible Defences?
The possible defences for an aggravated assault can be:
- The accused committed such an offence in self-defence and in defence of another person;
- The accused applied such force or assault unintentionally.
There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individual approach and strategy.
Maximum Penalty
In the Summary Offences Act section 24, aggravated assault can be penalised as follows:
- Can be subject to a maximum penalty of 2 years imprisonment;
- The assault is of such an aggravated nature that it cannot sufficiently be punished under s23 is liable to a penalty of 6 months imprisonment (s24);
- The court can also make any orders to enter into a recognizance and find guarantees, in default of which an accused may be imprisoned for up to 12 months.
What next?
Cases of such an offence will be generally heard in the Magistrates Court. Although, if the assault is a more serious charge for an indictable offence it can be heard in the higher courts.
Important: Don’t delay your preparation until the last minute, as time and careful planning are essential for a favourable outcome. Contact our experienced professional Criminal Legal team today.
