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Questions and Answers

What is the penalty for sexual assault committed with another person under aggravating circumstances?

  • 10 years imprisonment
  • Life imprisonment (correct)
  • 5 years imprisonment
  • 20 years imprisonment

Which year reported the highest number of sexual assaults in New South Wales from 2015 to 2019?

  • 2017
  • 2019 (correct)
  • 2016
  • 2018

What was the main legal consequence of the R v AEM case?

  • The establishment of aggravated sexual assault in company (correct)
  • A reduction in assault penalties
  • Mandatory sentencing for sexual offenders
  • The introduction of new rights for victims

Which of the following offences had the highest number of reported cases in 2017?

<p>Assault – non-domestic violence-related (A)</p> Signup and view all the answers

What was the age of the individuals involved in the R v AEM case at the time of the crime?

<p>16 and 19 years old (A)</p> Signup and view all the answers

What strategy was used by the offenders in the R v AEM case to commit their crime?

<p>Luring victims to a location (A)</p> Signup and view all the answers

How did public perception influence the legal outcomes following the R v AEM case?

<p>It prompted calls for harsher penalties for sexual crimes (D)</p> Signup and view all the answers

What was the maximum penalty for aggravated sexual assault prior to the introduction of 'aggravated sexual assault in company'?

<p>20 years imprisonment (B)</p> Signup and view all the answers

What does the Crimes Act 1900 (NSW) define as a lack of consent?

<p>Being coerced or intimidated into the act (A)</p> Signup and view all the answers

Which of the following is considered common assault?

<p>Threatening to cause physical harm (D)</p> Signup and view all the answers

What is a factor contributing to the low conviction rate of sexual assault cases?

<p>Difficulty in proving consent (D)</p> Signup and view all the answers

What can be classified as physical assault?

<p>Unlawfully applying force to another person (D)</p> Signup and view all the answers

What does aggravated sexual assault involve?

<p>Circumstances that increase the severity of the crime (D)</p> Signup and view all the answers

Which of the following describes physical assault?

<p>Is punishable by imprisonment of up to five years (B), Includes threatening behaviors without force (D)</p> Signup and view all the answers

What can indicate that a person is not consenting to sexual activity?

<p>They are under the influence of drugs or alcohol (B)</p> Signup and view all the answers

What does the term 'actus reus' refer to in the context of assault?

<p>The physical act of assaulting another person (C)</p> Signup and view all the answers

What is the definition of sexual assault primarily concerned with?

<p>The lack of consent during the act (A)</p> Signup and view all the answers

Which of the following best describes an 'indecent act' according to the legal framework?

<p>Touching a victim without their explicit consent (B)</p> Signup and view all the answers

At what age is a person considered legally unable to give consent in New South Wales?

<p>16 years old (C)</p> Signup and view all the answers

What serious crime was linked to the introduction of aggravated sexual assault in company legislation?

<p>Gang rapes (A)</p> Signup and view all the answers

What must be present for the offence of aggravated sexual assault in company to be considered?

<p>Multiple perpetrators present during the act (A)</p> Signup and view all the answers

Which of the following acts is NOT included under the general definition of sexual intercourse?

<p>Physical aggression (B)</p> Signup and view all the answers

What is considered a critical factor that may escalate a sexual assault charge to aggravated sexual assault?

<p>Use of a weapon during the act (C)</p> Signup and view all the answers

In the realm of sexual assault law, what distinguishes 'consent'?

<p>Continual agreement throughout the act (D)</p> Signup and view all the answers

Flashcards

Sexual Assault

A sexual offense that includes situations where consent is withdrawn during the act or where the victim is under 16 or has a serious disability.

Consent Withdrawal

When a person changes their mind about engaging in sexual activity during the act itself.

Intercourse Definition

Widely defined in law to include various sexual acts like oral sex and penetration.

Indecent Assault

Assault involving an 'act of indecency,' like touching genitals without consent.

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Indecent Act

A sexual act not defined comprehensively in the law, likely including actions like touching genitals.

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Aggravated Sexual Assault in Company

The most serious sexual offense in NSW, involving a sexual assault with multiple offenders, often involving violence or restraint.

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Child Sexual Assault

Sexual assault where the victim is under 16, legally making consent impossible.

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Serious Disability

A disability that restricts a person's ability to consent to sexual activity.

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Sexual Assault

Forced sexual intercourse without consent, including oral or penetrative acts.

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Common Assault

Assault without physical injury, but with a threat of violence causing fear.

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Lack of Consent

Essential element of sexual assault. Absence of agreement to sexual act.

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Assault

Infliction of force, or threat of force, on another person.

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Physical Violence

Direct forceful treatment that causes harm to an individual.

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Intoxication and Consent

Being too intoxicated by drugs or alcohol to give consent to sexual activity.

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Coercion and Consent

Consent isn't voluntary if gained through threat, force, or intimidation.

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Sexual Intercourse

Broadly defined in law to encompass a variety of sexual acts.

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Aggravated Sexual Assault in Company

A serious sexual assault committed by multiple people, usually with violence or threats, and carries the most severe penalties.

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Sexual Assault in Company

Sexual assault with more than one perpetrator, possibly including violence or threats.

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R v AEM (Snr)

A significant NSW case that led to the creation of a new law about sexual assault in company.

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Highest Criminal Sanction

The harshest possible punishment for a crime, often life imprisonment.

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Recorded Crime Statistics

Data collection of reported assault and sexual assault cases in NSW.

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Assault - Domestic Violence Related

Assault that happens between people who live together or have a relationship.

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Sexual Assault - Reported Cases

The number of reported cases of sexual assault in NSW over time.

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Aggravating Circumstances

Factors that make a crime more severe, such as violence or threats.

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Study Notes

Part I: Crime

  • Crime is 30% of the course time.
  • Principal focus: contemporary examples of criminal law, processes, institutions, and individual rights/freedoms.
  • Themes and challenges:
    • Role of discretion in the criminal justice system.
    • Compliance/non-compliance with criminal law.
    • Law's reflection of moral/ethical standards.
    • Law reform in the criminal justice system.
    • Balancing victims', offenders', and society's rights.
    • Effectiveness of legal and non-legal measures in achieving justice
  • HSC external exam:
    • 100 marks, written paper
    • Three sections
    • Section I: 20 marks (objective response, 15 marks from 'Crime')
    • Section II: 30 marks (parts A and B, 15 marks from 'Crime). Extended response (approx. 600 words)
  • Chapters:
    • Chapter 1: Nature of crime:
      • Meaning and nature of crime
      • Different categories of crime
      • Definition/discussion of summary and indictable offences
      • Factors leading to criminal behaviour
      • Techniques for crime prevention
      • Effectiveness of punishment
    • Chapter 2: Criminal investigation process
    • Chapter 3: Criminal trial process
    • Chapter 4: Sentencing and punishment
    • Chapter 5: Young offenders
    • Chapter 6: International crime

Chapter 1: Nature of Crime

  • Chapter Objectives:
    • Identify the meaning/nature of crime
    • Describe different categories of crime
    • Define/discuss summary/indictable offences
    • Explore factors influencing criminal behaviour
    • Discuss social/situational crime prevention
    • Discuss effectiveness of punishing offenders
  • Relevant Law:
    • Crimes Act 1900 (NSW)
    • Other relevant legislation (Customs Act, Crimes Act, etc)
  • Significant Cases:
    • R v Whybrow
    • DPP v Newbury and Jones
    • Boughey v The Queen
    • R v AEM (Snr); R v KEM; R v MM
    • Wallace v Kam
  • Crimes and punishments can seem odd due to the different public moralities in various communities.
    • Examples from around the world and Australia were provided.
  • Odd crimes are best understood within a community context.

1.1 The meaning of crime

  • Crime: criminal act/omission harming society, punishable by state.
  • Definition: (includes conduct violating community rights, punishable by established legal sanction).
  • Evolving area of law: witch craft and its criminal status over time.
  • Balancing rights: victims, offenders, and the community/state balance.
  • Constantly evolving nature: examples of new crimes arising from changes in technology (like computer offenses).

1.2 Elements of crime

  • Actus Reus: physical criminal act
  • Mens Rea: mental state when committing crime (intent, recklessness or negligence)

1.3 Strict Liability Offences

  • Strict Liability Offences: crimes where mens rea doesn't need to be proven.
  • Focuses on the act (actus reus).
  • Examples: traffic offences, regulatory offences that are often less serious.

1.4 Causation

  • Causation: proving a link between the accused's action and the resulting harm.
  • Prosecution must prove a substantial link.
  • Examples of criminal negligence cases discussed (e.g., R v Thomas Sam).

1.5 Categories of crime

  • Numerous categories and examples of offenses (offenses against the person, sovereign, economic, public order), with the type of crime impacting investigation, prosecution, and punishment.

1.6 Summary and Indictable Offences

  • Summary offences: less serious (Local Court).
  • Indictable offences: more serious (District Court or trial by judge/jury).
  • Differences in process, severity, and penalties.

1.7 Parties to a crime

  • Principal in the first degree: direct perpetrator.
  • Principal in the second degree: assisted/encouraged principal.
  • Accessory before the fact: helped plan or carry out crime.
  • Accessory after the fact: assisted after the crime.

1.8 Factors affecting criminal behaviour

  • Psychological, social, economic, and political context considered in crimes.

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Legal Studies 5th Ed, Cambridge 2020 PDF

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