one count of aggravated assault,
...the circumstance of aggravation being that "the Defendent" caused "the Complainant" harm. To succeed the prosecution must prove the elements of assault and negative any authorisation, justification or excuse beyond reasonable doubt. The prosecution must also prove the aggravated circumstance (harm) beyond reasonable doubt if that part of the charge is to be made out.
http://www.nt.gov.au/justice/ntmc/docs/judgements/2008/20080304ntmc019.htmlWhat the Law states - Aggravated assault..... (this is in Victoria)
Summary Offences Act 1966 - SECT 24
Aggravated assault
24. Aggravated assault
(2) Any person who in company with any other person or persons assaults another person shall be liable to imprisonment for twelve months and any person who by kicking or with any weapon or instrument whatsoever assaults another person shall be liable to imprisonment for two years.
(2)
1. Assault
2. In company with another
or
1. Assault
2. Involving kicking
or
1. Assault
2. With a weapon
Possible Defences - Aggravated assault
* Self defence
* Wrong identification
* Factual dispute
* Duress
* Necessity
http://criminal-lawyers.com.au/web/page/VIC_Aggravated_assault--------------------------------------------
Going by the above it's up to the prosecution to prove this beyond reasonable doubt. So if Troy's lawyer can show some doubt in that Troy was provoked or acted out of defence then the aggravated assault will be dismissed. The original newspaper article had the guy dragging Troy by the collar and it's still hard to believe 3 grown men would get beaten up by one skinny 18 year old unless they are claiming Troy was part of a group.