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 have defended thousands of people charged with cultivate and are experts at these hearings.

Some of the possible defences available for those charged with Aggravated Indecent Assault can include:

• • You did not assault the person;
  • You did not commit an indecent act;
  • The act was not indecent;
  • The act was not done towards another person;
  • The act was not committed in circumstances of aggravation.
  • If you were compelled to act in a certain way due to the circumstances, or the threats of another you may be able to argue “Duress”;
  • If your actions were necessary to prevent a greater harm from occurring, you may have the defence of “Necessity”;
  • If you were defending yourself or another OR yours or another’s property you may have a Defence of “Self-Defence” even in situations where “Pre-Emptive Force” is used. Moreover, at times there be a circumstances where you may argue that there was “No duty or need to retreat”.

In NSW, a court can impose any of the following penalties for a supply prohibited drug charge.

• • • Prison sentence
    • Home Detention
    • Intensive correction order (previously periodic detention)
    • Suspended sentence
    • Community service order (CSO)
    • Good behaviour bond
    • Fine
    • Section 10

However, from 24 September 2018 new penalty’s will be replacing the above. They are as follows:

• • • Full time Imprisonment
    • New ICO (ICO) with a home detention condition available
    • New Community Correction Order (CCO)
    • Fine
    • New Conditional release Order (CRO)

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 client’s daughter and the charges were discontinued. This was a good result especially for a case involving sexual offences such as aggravated indecent assault.