Podcast
Questions and Answers
What is the penalty for sexual assault committed with another person under aggravating circumstances?
What is the penalty for sexual assault committed with another person under aggravating circumstances?
Which year reported the highest number of sexual assaults in New South Wales from 2015 to 2019?
Which year reported the highest number of sexual assaults in New South Wales from 2015 to 2019?
What was the main legal consequence of the R v AEM case?
What was the main legal consequence of the R v AEM case?
Which of the following offences had the highest number of reported cases in 2017?
Which of the following offences had the highest number of reported cases in 2017?
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?
What was the age of the individuals involved in the R v AEM case at the time of the crime?
Signup and view all the answers
What strategy was used by the offenders in the R v AEM case to commit their crime?
What strategy was used by the offenders in the R v AEM case to commit their crime?
Signup and view all the answers
How did public perception influence the legal outcomes following the R v AEM case?
How did public perception influence the legal outcomes following the R v AEM case?
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'?
What was the maximum penalty for aggravated sexual assault prior to the introduction of 'aggravated sexual assault in company'?
Signup and view all the answers
What does the Crimes Act 1900 (NSW) define as a lack of consent?
What does the Crimes Act 1900 (NSW) define as a lack of consent?
Signup and view all the answers
Which of the following is considered common assault?
Which of the following is considered common assault?
Signup and view all the answers
What is a factor contributing to the low conviction rate of sexual assault cases?
What is a factor contributing to the low conviction rate of sexual assault cases?
Signup and view all the answers
What can be classified as physical assault?
What can be classified as physical assault?
Signup and view all the answers
What does aggravated sexual assault involve?
What does aggravated sexual assault involve?
Signup and view all the answers
Which of the following describes physical assault?
Which of the following describes physical assault?
Signup and view all the answers
What can indicate that a person is not consenting to sexual activity?
What can indicate that a person is not consenting to sexual activity?
Signup and view all the answers
What does the term 'actus reus' refer to in the context of assault?
What does the term 'actus reus' refer to in the context of assault?
Signup and view all the answers
What is the definition of sexual assault primarily concerned with?
What is the definition of sexual assault primarily concerned with?
Signup and view all the answers
Which of the following best describes an 'indecent act' according to the legal framework?
Which of the following best describes an 'indecent act' according to the legal framework?
Signup and view all the answers
At what age is a person considered legally unable to give consent in New South Wales?
At what age is a person considered legally unable to give consent in New South Wales?
Signup and view all the answers
What serious crime was linked to the introduction of aggravated sexual assault in company legislation?
What serious crime was linked to the introduction of aggravated sexual assault in company legislation?
Signup and view all the answers
What must be present for the offence of aggravated sexual assault in company to be considered?
What must be present for the offence of aggravated sexual assault in company to be considered?
Signup and view all the answers
Which of the following acts is NOT included under the general definition of sexual intercourse?
Which of the following acts is NOT included under the general definition of sexual intercourse?
Signup and view all the answers
What is considered a critical factor that may escalate a sexual assault charge to aggravated sexual assault?
What is considered a critical factor that may escalate a sexual assault charge to aggravated sexual assault?
Signup and view all the answers
In the realm of sexual assault law, what distinguishes 'consent'?
In the realm of sexual assault law, what distinguishes 'consent'?
Signup and view all the answers
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 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
Legal Oddity
- 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.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
