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I would like to take this opportunity to thank Armstrong Legal and specifically Mr Thomas Allen for representing me in my recent case. At the outset, I would like to thank Mr Allen for the very professional delivery of his legal service. From the first time that I met Mr Allen, I was very impressed with his demeanour and delivery as he made me feel at ease knowing the severity of my case. Mr Allen not only gave me the possible positive outcomes of the case but also the realisation of the worst-case scenario as far as sentencing goes. … I will certainly be recommending Armstrong Legal to any of my friends or family needing representation in criminal matters. Thank you so very much.
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I know I thanked you before we parted company but please allow me to reiterate in writing my sincere deepest thanks for defending me in court today. … Armstrong Legal certainly has a great Lawyer you are a credit to the company and I'm quite sure you will secure a very successful future! … My Kindest Regards and Thanks
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
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Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
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Aggravated Sexual Assault
In Queensland, the offence of Aggravated Sexual Assault is more serious than Sexual Assault and carries a maximum penalty of between 14 years and life imprisonment.
The Offence of Sexual Assault
Sexual assaults are created by section 352 of the Criminal Code Act 1999 which reads:
- “(1) Any person who:
- (a) unlawfully and indecently assaults another person; or
- (b) procures another person, without the person’s consent;
- (i) to commit an act of gross indecency; or
- (ii) to witness an act of gross indecency by the person or any other person;
is guilty of a crime.”
The maximum penalty for this crime is 10 years imprisonment.
- (2) However, the offender is liable to a maximum penalty of 14 years imprisonment for an offence defined in subsection (1)(a) or (1)(b)(i) if the indecent assault or act of gross indecency includes bringing into contact any part of the genitalia or the anus of a person with any part of the mouth of a person.
- (3) Further, the offender is liable to a maximum penalty of life imprisonment if
- (a) immediately before, during, or immediately after, the offence, the offender is, or pretends to be, armed with a dangerous or offensive weapon, or is in company with any other person; or
- (b) for an offence defined in subsection (1)(a), the indecent assault includes the person who is assaulted penetrating the offender’s vagina, vulva or anus to any extent with a thing or a part of the person’s body that is not a penis; or
- (c) for an offence defined in subsection (1)(b)(i), the act of gross indecency includes the person who is procured by the offender penetrating the vagina, vulva or anus of the person who is procured or another person to any extent with a thing or a part of the body of the person who is procured that is not a penis.”
Sexual assaults can be categorised into two kinds – Sexual Assault and Aggravated Sexual Assault.
Sexual Assault, also called sexual assault simpliciter, is the least serious form of sexual assault in Queensland and it carries a maximum penalty of 10 years imprisonment.
What Actions Might Constitute Aggravated Sexual Assault?
Forcing a person to perform oral sex against their will, or performing oral sex on a person without their consent would likely amount to Aggravated Sexual Assault (though the former circumstance can also constitute the offence of rape). Aggravated Sexual Assault of this kind is likely to carry a maximum penalty of 14 years imprisonment.
Forcing a person to perform a penetrative sexual act on you, or another person, using an implement (anything that is not a penis) might well constitute an offence of Aggravated Sexual Assault punishable by life imprisonment.
Performing any offence of Sexual Assault (even an ostensibly non-aggravated form) while armed with a weapon or in the company of a co-offender will also likely constitute an Aggravated Sexual Assault and be punishable by life imprisonment.
What the Police Must Prove
To convict a person of sexual assault, the prosecution must prove each of the following matters beyond a reasonable doubt:
- they indecently assaulted another person; and
- they did so unlawfully; or
- they procured another person to commit, or witness, an act of gross indecency; and
- the person did not consent to the act.
Which Court Will Hear Your Matter?
Aggravated Sexual Assault is a serious crime which will be heard and determined in the District Court.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
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