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Aggravated Sexual Assault

Sexual Offences – NSW

Welcome to the NSW Aggravated sexual assault article page. Everything you need to know about Aggravated sexual assault according to NSW law – Dated: 01/09/2009

What the Law States according to NSW Law for Aggravated sexual assault

According to NSW Law for the charge of Aggravated sexual assault,

On the police facts sheet and the court attendance notice that you may have received you will have a reference to the law part and a short description of offence. These references help the court and the legal profession to identify the exact offence you have been charged with. The law part and short description for this offence are set out in the table below:

Law Part Short Description
67800 Aggravated sex assault- break and enter with intent (DV)-SI
67799 Aggravated sex assault- break and enter with intent-SI
67801 Aggravated sex assault- deprive liberty (DV)-SI
67802 Aggravated sex assault- deprive liberty-SI
64784 Aggravated sex assault- inflict actual bodily harm on victim (DV)-SI
272 Aggravated sex assault- inflict actual bodily harm on victim-SI
64789 Aggravated sex assault- offender in company with other/s (DV)-SI
277 Aggravated sex assault- offender in company with other person/s-SI
276 Aggravated sex assault- victim has serious physical disability-SI
64788 Aggravated sex assault- victim serious physical disability (DV)-SI
64792 Aggravated sex assault- victim under authority of offender (DV)-SI
280 Aggravated sex assault- victim under authority of offender-SI
64786 Aggravated sex assault- victim under the age of 16 years (DV)-SI
274 Aggravated sex assault- victim under the age of 16 years-SI
273 Aggravated sex assault-inflict actual bodily harm on another present or nearby-SI
64785 Aggravated sex assault-inflict actual bodily harm on other present/nearby (DV)-SI
64791 Aggravated sex assault-threat inflict actual bodily harm on other weapon (DV)-SI
279 Aggravated sex assault-threat inflict actual bodily harm on other with weapon-SI
64790 Aggravated sex assault-threat to inflict actual bodily harm victim weapon (DV)-SI
278 Aggravated sex assault-threat to inflict actual bodily harm victim with weapon-SI
64787 Aggravated sex assault-victim serious intellect disability (DV)-SI
275 Aggravated sex assault-victim with serious intellectual disability-SI
70719 Aggravated sex assault-victim with cognitive impairment (DV)-SI
70718 Aggravated sex assault-victim with cognitive impairment-SI

The Maximum Penalty – Aggravated sexual assault

According to NSW Law for the charge of Aggravated sexual assault:

The maximum penalty for the charge of aggravated sexual assault (Section 93I of the Crimes Act) is 14 years imprisonment.

In NSW, a court can impose any of the following penalties for an aggravated sexual assault charge.

  • Section 10: aggravated sexual assault proven but dismissed
  • Fine
  • Good behaviour bond
  • Community service order (CSO)
  • Suspended sentence
  • Intensive correction order (previously periodic detention)
  • Home detention
  • Prison sentence

You’ll find a brief description of each of these penalties at the bottom of this page.

Likely Penalty

District Court

Based on our experience and statistics from the Judicial Commission of New South Wales we believe that the penalty in a case that is within the mid range of seriousness for the offence of aggravated sexual assault, if heard in the District Court, is likely to be imprisonment for a period of 6 years.

What the Police must prove according to NSW Law for Aggravated sexual assault

To convict you of an aggravated sexual assault charge, the police must prove each of the following matters beyond a reasonable doubt:

  1. You had sexual intercourse with a person.
  2. The other person did not consent to the sexual intercourse.
  3. You knew the other person did not consent to the sexual intercourse.
  4. The sexual intercourse was in circumstances of aggravation.

They will also need to prove that you were the person who committed the aggravated sexual assault offence.

Possible Defences under NSW Law – Aggravated sexual assault

Possible defences to an aggravated sexual assault charge include but are not limited to:

  • Duress
  • Necessity
  • Self Defence

In NSW which court will hear the matter – Aggravated sexual assault

This matter is strictly indictable which means that it can only be finalised in the District Court.

Section 10 for an Aggravated sexual assault charge: avoiding a criminal record. Normally, when you plead guilty to a criminal offence, the court imposes a penalty and records a conviction. If the court records a conviction, you will have a criminal record. However, if we can convince the court not to convict you, there will be no penalty of any type and no criminal record. In all criminal cases, the court has the discretion not to convict you, but to give you a Section 10 dismissal instead.

Fines for an Aggravated sexual assault charge: When deciding the amount of a fine for a possession of data with intent charge the magistrate or judge should consider your financial situation and your ability to pay any fine they set.

Good behaviour bond for an Aggravated sexual assault charge: This is an order of the court that requires you to be of good behaviour for a specified period of time. The court will impose conditions that you will have to obey during the term of the good behaviour bond. The maximum duration of a good behaviour bond is five years.

Community service order for an Aggravated sexual assault charge (CSO): This involves either unpaid work in the community at a place specified by probation and parole or attendance at a centre to undertake a course, such as anger management. In order to be eligible for a CSO you have to be assessed by an officer of the probation service as suitable to undertake the order.

Suspended sentence for an Aggravated sexual assault charge: This is a jail sentence that is suspended upon you entering into a good behaviour bond. Provided the terms of the good behaviour bond are obeyed the jail sentence will not come into effect. A suspended sentence is only available for sentences of imprisonment of up to two years.

Periodic detention for an Aggravated sexual assault charge (commonly known as weekend detention): This form of imprisonment ceased to be a sentencing option in October 2010.

Intensive correction order for an Aggravated sexual assault charge (ICO): This option has replaced periodic detention. The court can order you to comply with a number of conditions, such as attending counselling or treatment, not consuming alcohol, complying with a curfew and performing community service.

Jail for an Aggravated sexual assault charge: This is the most serious penalty for the charge of Aggravated sexual assault and involves full time detention in a correctional facility.

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