criminal law

Assaults on Public Transport Workers will have tougher penalties

Public Transport Workers

People who are convicted of an assault against Public Transport Workers as well as taxi drivers, ride-share and chauffeurs will now be subject to tougher penalties. In recent changes to the Criminal Law Consolidation Act, the offence of an assault against a Public Transport Worker will now be classified as an aggravated offence.

There are a number of offences that can be aggravated. An offence is aggravated when the circumstances of the offence make it more serious and therefore the penalty is greater to reflect the seriousness. So, for example, the offence of a basic assault carries the maximum penalty of a term of imprisonment of 2 years. Whereas the offence of aggravated assault carries a maximum term of imprisonment of 3 years. Other examples of aggravating circumstances are; if the alleged victim is under 12 years old, over 60 years old or a current or former domestic spouse. Circumstances of aggravation can also include where an offensive weapon was used, or threaten to be used, in the course of the assault.

A full list of the definitions of an aggravated offence is in the Criminal Law Consolidation Act in section 5AA.

There are also varying types of assault offences which depend on the circumstances of the offending. For example, if the assault causes the victim harm then the maximum penalty increases to 3 years imprisonment or 4 years if there are aggravating circumstances.

If you are charged with assault then it is important that you seek Legal Advice from one of our solicitors. At Mangan Ey & Associates we will ensure the charge is laid correctly with respect to the circumstances of the alleged offending. We will also assess whether you have a defence to the charge. If you are charged with an assault offence, contact us today.

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