Have you been charged with Aggravated Assault?

What does it mean to be charged with aggravated assault?

Aggravated Assault is a serious offence covered by Section 24 of the Summary Offences Act 1966.

Aggravated assault refers to an assault or battery that is deemed more serious due to specific circumstances or the vulnerability of the victim. This type of assault occurs when the act is carried out on individuals in certain protected categories, such as male children under the age of 14 or females, or when the assault involves specific aggravating factors, such as the use of a weapon, or the presence of multiple offenders.

What must the prosecution prove?

For a charge of aggravated assault under section 24 of the Summary Offences Act 1966, the following elements must be satisfied:

1. You must have committed an assault or battery.
2. The victim must be either:
   • A male child not exceeding 14 years of age, as determined by the court, or
   • A female, in which case the assault or battery is deemed aggravated based on its nature.
3. The court must find that the assault is of such an aggravated nature that it cannot be adequately punished under the general assault provisions.
4. An assault carried out in the company of other people.
5. An assault where the offender kicks or uses any weapon or instrument.

Penalties for Aggravated Assault:

A person convicted of aggravated assault under Section 24 of the Summary Offences Act 1966 may face the following penalties:

1. Maximum Penalty:
   • Up to 2 years imprisonment for serious aggravated assault, particularly if it involves kicking or the use of a weapon or instrument.
2. Less Severe Offending:
   • For less serious offences, penalties can include a community corrections order or a fine, depending on the circumstances and severity of the assault.
3. Conviction for Assault Against a Male Child or Female:
   • If convicted of assault against a male child (under 14 years of age) or any female, where the court deems the assault aggravated and beyond the scope of a common assault charge, the offender may face up to 6 months imprisonment.
4. Adjourned Undertaking
   • The court may also require the accused to enter an undertaking and find sureties to keep the peace and be of good behaviour. This often holds the accused accountable for their behaviour by requiring them to show good behaviour for a set time. If the offender fails to comply, they may face additional imprisonment of up to 12 months for non-compliance.

Where will my case be heard?

Aggravated assault cases are generally heard in the Magistrates’ Court of Victoria. However, if the matter involves a more serious charge related to an indictable offence, and both parties consent, the case may be heard in a higher court, in accordance with Section 242 of the Criminal Procedure Act 2009.

Factors and defences to consider:

• Did you assault someone?
• Were they a male under 14 years or a female?
• Did you use a weapon?
• Were you in the company of others?
• Did the victim sustain any injuries as a result of the assault?
• Were you acting in self-defence?
• Was the assault an accident?
• Do you suffer from mental health or cognitive impairments?
• What were the surrounding circumstances of the offence?

Common questions about aggravated assault