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Aggravated assault

Criminal Lawyers Melbourne

Written by
Bill Doogue
Criminal Defence Lawyer

Contact Bill Doogue 

03 9670 5111


Assaults / Violence Offences - VIC
The Law - Aggravated assault

What the Law states - Aggravated assault


Summary Offences Act 1966 - SECT 24

Aggravated assault

24. Aggravated assault

(1) (a) Where a person is convicted before the Magistrates' Court of an 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, the person offending shall be liable
on conviction to a penalty of 25 penalty units or to imprisonment for six months and the court may
(if it thinks fit in any of the said cases) without any further or other charge adjudge any person
convicted to enter into a recognizance and find sureties to keep the peace and be of good behaviour
for a term of not more than six months from the expiration of such sentence.


(b) In default of compliance with any such order to enter into a recognizance and find sureties the court may order a defendant to be imprisoned until he complies with the order:

Provided that no person shall be imprisoned for non-compliance with any such order for a longer period than twelve months.

(2) Any person who in company with any other person or persons assaults another person shall be liable to imprisonment for twelve months and any person who by kicking or with any weapon or instrument whatsoever assaults another person shall be liable to imprisonment for two years.

Maximum Penalty in Victoria


Depending on the subsection up to 2 years imprisonment

What the Prosecution must prove - Aggravated assault - Vic


(1) (a)

1. Assault

2. Male under 14 or female 

3. Opinion of Court that can not be punished enough under previous section

(2) 

1. Assault

2. In company with another

or

1. Assault

2. Involving kicking

or

1. Assault

2. With a weapon

Street Names for Aggravated assault


Assault on female, assault on child, assault in company

Possible Defences - Aggravated assault


Self defence

Wrong identification

Factual dispute

Duress

Necessity

Which court will hear the charge of Aggravated assault



Magistrates' Court
Article published on 01/09/2009. To check if any changes to the law please discuss with one of our lawyers.
Criminal Lawyers Melbourne