New South Wales Consolidated Acts

CRIMES ACT 1900 - SECT 105A

105A Definitions

(1) In sections 106- 115A--

"building" includes any place of Divine worship.

"circumstances of aggravation" means circumstances involving any one or more of the following--

(a) the alleged offender is armed with an offensive weapon, or instrument,

(b) the alleged offender is in the company of another person or persons,

(c) the alleged offender uses corporal violence on any person,

(d) the alleged offender intentionally or recklessly inflicts actual bodily harm on any person,

(e) the alleged offender deprives any person of his or her liberty,

(f) the alleged offender knows that there is a person, or that there are persons, in the place where the offence is alleged to be committed.

"circumstances of special aggravation" means circumstances involving any or all of the following--

(a) the alleged offender intentionally wounds or intentionally inflicts grievous bodily harm on any person,

(b) the alleged offender inflicts grievous bodily harm on any person and is reckless as to causing actual bodily harm to that or any other person,

(c) the alleged offender is armed with a dangerous weapon.

(2) The matters referred to in--

(a) paragraph (c), (d) or (e) of the definition of
"circumstances of aggravation" , or

(b) paragraph (a) or (b) of the definition of
"circumstances of special aggravation" ,

can occur immediately before, or at the time of, or immediately after any of the elements of the offence concerned occurred.

(2A) For the purposes of paragraph (f) of the definition of
"circumstances of aggravation" , if there was a person, or there were persons, in the place in relation to which an offence is alleged to have been committed at the time it was committed, the defendant is presumed to have known that fact unless the defendant satisfies the court that he or she had reasonable grounds for believing that there was no one in the place.

(3) The definitions in subsection (1) are not mutually exclusive.