Section 188(2) of the NT Criminal Code does not create a separate offence from s 188(1); it provides circumstances of aggravation ancillary to the single offence of common assault. Multiple circumstances of aggravation may be alleged in a single information without duplicity. All circumstances of aggravation relied upon must be alleged in the charge and proved; those not alleged cannot be taken into account on sentence. Courts must make findings on every circumstance of aggravation alleged. When a defendant pleads guilty to a charge containing circumstances of aggravation, the court must ensure the defendant understands the plea subsumes all circumstances alleged.
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