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Aggravated assault
Aggravated assault
What the Law states - Aggravated assault
Summary Offences Act 1966 - SECT 24
Aggravated assault24. 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
