Aggravated offence may allege more than 1 factor of aggravation
434C Aggravated offence may allege more than 1 factor of aggravation
A charge for an offence against this Act that the prosecution intends to prove is an aggravated offence may state more than 1 relevant factor of aggravation for the offence
Example
A defendant is charged with 1 count of assault occasioning actual bodily harm under s 24. The complainant is a pregnant person and also a family member of the offender. The prosecution intends to prove the offence is an aggravated offence, relying on s 48A and s 72AA. The charge under s 24 may state the relevant factors of aggravation as an assault against a pregnant person and an assault involving family violence.
In this section:
relevant factor of aggravation—
for an offence mentioned in section 48A (1) (Aggravated offences—pt 2 offences against pregnant person)—see section 48A (6); and
for an offence mentioned in section 48C (1) (Aggravated offences—pt 2 offences involving family violence)—see section 48C (5); and
for an offence mentioned in section 72AA (1) (Aggravated offences—pt 3 offences involving family violence)—see section 72AA (5); and
for an offence mentioned in section 72EA (1) (Aggravated offences—pt 3A offences involving family violence)—see section 72EA (5); and
for an offence against section 116 (Destroying or damaging property)—see section 116 (7).
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