Australian Capital Territory Current Acts

CRIMES ACT 1900 - SECT 434C

    (1)     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 woman 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 woman and an assault involving family violence.

    (2)     In this section:

"relevant factor of aggravation"—

        (a)     for an offence mentioned in section 48A (1) (Aggravated offences—pt 2 offences against pregnant women)—see section 48A (6); and

        (b)     for an offence mentioned in section 48C (1) (Aggravated offences—pt 2 offences involving family violence)—see section 48C (5); and

        (c)     for an offence mentioned in section 72AA (1) (Aggravated offences—pt 3 offences involving family violence)—see section 72AA  (5); and

        (d)     for an offence mentioned in section 72EA (1) (Aggravated offences—pt 3A offences involving family violence)—see section 72EA  (5); and

        (e)     for an offence against section 116 (Destroying or damaging property)—see section 116 (7).