What is Aggravated Indecent Assault ?
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 the 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 “Table 1” 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