cir LexisNexis Concise Australian Legal Dictionary be understood as a reference to a security interest that has attached to a circulating asset: s 339(5). See also account; attachment; authorised deposit-taking institution account; currency: current asset; effective registration; floating charge: goods; grantor; inventory: negotiable instrument; perfection; personal property; secured party; security interest. Mortgages and securities Under the Personal Property Securities Act 2009 (Cth) a 'circulating asset' is a type of personal property (as distinct from real property) over which the grantor of a security interest retains control, such that the security document states that the property may be dealt with and disposed of by the grantor in the ordinary course of business without the security holder's prior consent. This will typically be either an account or inventory. See also floating charge. circumcision 1. In relation to males, an operation that involves cutting away part or all of the foreskin of the penis. Performed as a traditional rite, or for perceived health or other advantages. 2. In relation to females, a ritual surgical procedure that may range from the drawing of blood to infibulation (removal of the clitoris, the fabia minora and the anterior two thirds of the labia majora. the sides of which are joined leaving a small posterior opening). Also known as 'clitoridectomy', 'excision', and 'female genital mutilation', it is a criminal practice under the laws of all Australian States and Territories: for example, Crimes Act 1900 (NSW) $ 45; Criminal Code (WA) s 306. See also assault; female genital mutilation. circumstance of aggravation A feature of or surrounding the commission of a criminal offence which, if proved, makes the offence more serious and increases the statutory maximum penalty available on conviction: for example, Crimes Act 1900 (NSW) s 105A; Criminal Code (Qld) ss 1, 72, 208; Crimes Act 1958 (Vic) s 45; Criminal Code (WA) ss 221, 319, 391. For a circumstance of aggravation to be relied upon at sentencing it must be pleaded and proved, either by trial or a plea of guilty: Rr De Simoni (1981) 147 CLR 383: 35 ALR 265. A circumstance of aggravation differs from more general terms such as 'aggravating circumstances", 'aggravating factors' or 'aggravating features' of an offence. Those expressions refer to some aspect of the criminal conduct in a particular case which is regarded as exacerbating the offence and likely to increase the penalty which might be imposed, but which does not alter the maximum available penalty. See also aggravating circumstance: aggravating factor. circumstantial evidence Evidence regarding a fact from which a court is asked to infer a further fact in order to arrive at a material fact: Shepherd v The Queen (1990) 170 CLR 573; 97 ALR 161, Circumstantial evidence is distinguished from direct evidence which, if accepted, settles the issue in dispute. Circumstantial evidence generally operates cumulatively. Where circumstantial evidence is relied upon, the jury should be warned not to convict unless they have excluded every possibility reasonably consistent with the accused's innocence: Mckinney y The Queen (1991) 171