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Criminal Code Act 1983
174HProcedure for proving aggravated offence
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174H Procedure for proving aggravated offence (1) If the prosecution intends to prove an aggravated offence, the relevant circumstances of aggravation must be contained in the charge. (2) In order to prove an aggravated offence, the prosecution must prove that the person who committed the offence intended or was reckless as to the circumstances of aggravation.