You might think that aggravated assault would mean the same thing in all States and Territories across Australia, but it doesn’t. There are some differences that you should be aware of.
Aggravated Assault VIC
In Victoria, aggravated assault is assault against a male under the age of 14 or a female of any age serious enough in nature to have caused physical injuries worse that in a common assault. They may have also use a weapon or kicked the victim.
Aggravated Assault NSW
In New South Wales, there is no specific charge of aggravated assault, however numerous assault charges that can be aggravated by various factors. The list of factors that could aggravate an assault charge is broad, but examples are:
- Having a criminal record for a similar event.
- A domestic violence offence.
- Having a position of authority over the victim.
- Use of a weapon.
- Committing an offence on bail, parole or in breach of an AVO.
- A particularly serious assault resulting in serious injuries.
Aggravated Assault WA
In Western Australia, circumstances of aggravation are:
- There is a family or domestic relationship between offender and victim.
- A child is present during the offence.
- The offence was committed in breach of a restraining order.
- The victim is over 60 years of age.
Aggravated Assault QLD
In Queensland, aggravated assault is an assault when the offender uses, or has in their possession, a weapon.
Aggravated Assault SA
In South Australia, aggravated assault occurs when an offender commits a basic assault, but they do so under aggravating circumstances. Generally, this means they threaten or use a weapon, cause severe pain that is systematic and is with intent, the victim was under 12 years old or over 60 years old, or if they had a relationship with the victim (for example, a spouse or partner).
While there are some differences, any assault that is serious in nature along with some aggravating factors will likely result in the court considering the assault on the stronger end of available penalties.
If the police have charged you with a serious assault, you should contact a criminal lawyer as soon as possible.
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