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Aggravated Indecent assault is assault in circumstances of indecency which is aggravated because it is done in the company of another person or persons, the victim is under the authority of the alleged offender, or he victim has a serious physical disability or cognitive impairment. Aggravated Indecent Assault is characterised as a sex crime and has significant overlap with offences referred to as sexual assault.
An offence of Aggravated Indecent Assault is what is known as a â€śTable 1â€ť offence under the relevant legislation, which means it is to be dealt with in the Local Court unless an election is it is to be dealt with on indictment by the Director of Public Prosecutions (DPP).
The nature and elements of the offence were considered in R v Li (1997) 4 Crim LN 46  which stated It is sufficient if the prosecution alleges and proves at least one particular circumstance of aggravation provided any circumstance of aggravation is proved beyond reasonable doubt
The Law in relation to Aggravated Indecent Assault is found in section 61L of the Crimes Act 1900 (NSW). Which states: –
â€śAny person who assaults another person and, at the time of, or immediately before or after, the assault, commits an act of indecency in circumstances of aggravation, Is liable to imprisonment for up to 10 yearsâ€ť.
What is an assault?
An assault is any act which intentionally or recklessly causes another person to fear immediate and unlawful violence. It is not necessary that the complainant be physically touched.
What is an â€śact of indecencyâ€ť?
An indecent act is one which right minded persons would consider to be contrary to community standards of decency. The assault and the act of indecency do not need to be separate acts.
What are â€ścircumstances of aggravationâ€ť?
Circumstances of aggravation are circumstances in which:
The alleged offender is in the company of another person or persons
The alleged victim is under the authority of the alleged offender
The alleged victim has a serious physical disability
The alleged victim has a cognitive impairment
What is a â€śperson in authorityâ€ť?
The Crimes Act provides that a person is â€śunder the authority of another personâ€ť if the person is in the care, or under the supervision or authority, of the other person.
What constitutes â€ścognitive impairmentâ€ť?
The Crimes Act provides that a person has a â€ścognitive impairmentâ€ť if the person has:
An intellectual disability
A developmental disorder
A neurological disorder
A severe mental illness
A brain injury
Since Aggravated Indecent Assault is a criminal offence, the burden of proof lies on the Prosecution.
The prosecution must prove the Accusedâ€™s guilt beyond reasonable doubt.
That is a high standard of proof that the prosecution must achieve before someone can be convicted of Aggravated Indecent Assault.
To establish Aggravated Indecent Assault the prosecution must prove each of the following matters beyond reasonable doubt:
National Criminal Lawyers have been successful in defending a number of Aggravated Indecent Assault charges where the prosecution could not establish each of the elements offence. We have also achieved a number of non-convictions for Aggravated Indecent Assault.
NCL offer the following options for those who have been charged with Aggravated Indecent Assault:
If you agree that you have committed the offence and the police are able to prove all the elements of the offence, it is best to plead guilty at an early opportunity to receive the maximum discount. Currently the maximum discount available for an early plea of guilty is 25% of the sentence.
Furthermore, the early guilty plea shows the Court that you have remorse and contrition for your actions.
Our Lawyers at National Criminal Lawyers work closely with you to ensure that we obtain all necessary paper work at increasing the chances of obtaining a non-conviction or section 10.
For the offence of Aggravated Indecent Assault offenders can be punished with a prison sentence of up to 10 years
Please note that the penalties mentioned are reserved for the worse case offending and are unlikely to be the penalty you receive.
If you decide to plead not guilty you will need to prepare to go to a Defended Hearing.
A defended hearing is where all the witnesses of that case are called to give evidence. The witnesses are both examined by the prosecution and tested by your defence lawyers.
National Criminal Lawyers are experts at these hearings and can advise you on what the police must prove beyond reasonable doubt.
Some of the possible defences available for those charged with Aggravated Indecent Assault can include:
The Courts are not bound by statistics however there must be reasonable consistency in sentences. A Magistrate or Judge should have regard to what has been done in other cases. In Green  HCA 45, the plurity judgement of French CJ, Kiefel and Creennan JJ stated:
â€śEqual Justiceâ€ť embodies the norm expressed in the terms â€śequality before the lawâ€ť. It is an aspect of the rule of law.
For Aggravated Indecent Assault offenders depending on how aggravated 50% received full time imprisonment.
In NSW, a court can impose any of the following penalties for an Wounding or grievous bodily harm with intent charge.
However, from the 24 September 2018 new penaltyâ€™s will be replacing the above. They are as follows:
Our client was charged with aggravated indecent assault (x2) against his daughter and his granddaughter claim he breached his position of trust and authority over them. The offences against his daughter were said to have occurred in the year 2000. The offences against the granddaughter were alleged to have been more recent. The matter proceeded to hearing and after legal argument, we succeeded in having the hearings separated. The first trial where the granddaughter was the complainant proceeded. After extensive cross examination the magistrate returned a verdict of not guilty. After consideration by the Police Prosecutions, a it was determined not to run the second hearing involving our clientâ€™s daughter and the charges were discontinued. This was a good result especially for a case involving sexual offences such as aggravated indecent assault.
We are the experts in either beating or having criminal charges withdrawn AND/OR obtaining the least restrictive penalty available. This is because no matter which option you choose within our tailored Options at Law you will be dealing with experienced criminal lawyers who can make sure the evidence is not only obtained properly but also that your case is prepared and presented to the highest best practice standards possible. This is also done without breaking your pocket.
No matter which option at law you choose, National Criminal Lawyers can guarantee that a Senior Defence Lawyer will represent you. This means that with our over 25 years of Combined criminal law experience you will get the best result possible.
At National Criminal Lawyers we know that Criminal Law is a matter of Human Rights. For this reason, we take pride and passion in representing our clients. This pride and passion to assist those charged with an alleged or actual breach of the criminal law is to us a matter of righteous necessity and in that sense, you can always rest assured that National Criminal Lawyers are the best defenders of your rights. This true not only when the police have just simply got it wrong OR if they have got it right then we can speak with you and make sure you get you the best result available.
If you have been charged with any Aggravated Indecent Assault offence our Team and National Criminal Lawyers are well versed and specialists in having charges either withdrawn and otherwise achieving favourable outcomes.
Please contact our office on 02 9893 1889 or visit www.nationalcriminallawyers.com.au for more information about your options.