Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) For this Act, each of the following is a circumstance of aggravation for an offence:
(a) as a direct result of the offence a very serious injury that is not likely to be permanent is caused to the primary victim of the offence;
(b) the offence forms part of a series of offences that are related;
Examples—series of offences that are related
1 offences with same offender and same primary victim
2 contemporaneous or near contemporaneous offences
(c) the offence is carried out by a person acting in company;
(d) a person carrying out the offence uses an offensive weapon against the primary victim of the offence;
(e) a person carrying out the offence is in a position of power, trust or authority in relation to the primary victim of the offence;
(f) when the offence was carried out, the primary victim of the offence—
(i) had an impaired physical, psychological or intellectual capacity; or
(ii) was either under 18 years old or more than 65 years old; or
(iii) was pregnant.
(2) However, a circumstance mentioned in subsection (1) (a) to (f) is not a circumstance of aggravation for an offence if the circumstance is an element of the offence.