2011 Legal Studies Crime Essay

2011 Legal Studies Crime Essay-13
- Another member of the gang rape had his sperm frozen at no expense so he could have a family after being released from goal (he was diagnosed with cancer and the treatment would leave him sterile).Mr Iemma was quoted as saying "I find the notion of serious criminal offenders being afforded this type of privilege totally repugnant and it will be stopped immediately." The commercial rate is about 0 a year and would now be set and the rapist be told to pay up.

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-commenced 3.9.2003 (was not passed for R v Skaf case directly but was another case with similar issues at the time, therefore enhancing the need for the legislation) The statutory limitation on the cross-examination of complainants by an unrepresented accused in sexual assault trials was confirmed by the Court of Criminal Appeal in R v MSK & MAK [2004] NSWCCA 308.

Special Leave to appeal to the High Court was refused on a new trial was needed.

However, the second trial would be traumatic for the victims, as they would have to face their attacker again.

For that reason, the use of a victim impact statement was necessary, but questions were raised as to whether a court transcript would be as effective in trying to create emotions that were felt during the original trial.

When Bilal Skaf’s conviction was set aside by the Court of Criminal Appeal (R v Skaf [2004] NSWCCA) the court called for change to penalise recalcitrant jurors, which was approved.

However, no real consideration was given to how effective the penalty provisions might be.The original sentence reflected the thoughts and ideas of the community towards gang rapists at the time of the court hearing.Community standards were upheld by Justice Finnane DCJ.As a final humiliation they hosed her down with water. His Honour erred in finding the applicant had attempted to anally penetrate the complainant Miss C as the jury could not agree whether or not he was guilty of anally sexually assaulting Miss C and the applicant was not charged with or convicted of attempted sexual assault.Between 19 November 2001 and 20 December 2001 the applicant stood trial before his Honour Judge Finnane QC and a jury, charged with two counts of detain for advantage, nine counts of aggravated sexual intercourse without consent (in company), and two counts of assault.A woman, named C at the trial (she later revealed her identity on the 60 Minutes television program) was lured from a train at Bankstown by the promise of marijuana.She was then raped at three separate locations by 14 males over a period of six hours.Another victim was raped at gunpoint by two males at Gosling Park, Greenacre, having been lured there by one of the rapists, who was an acquaintance.She escaped before she could be raped by another twelve males waiting their turn.At the time of the sentencing, society was strongly against gang rapes as there was considerably more media coverage of gang rapes than in previous times.When Justice Finnane sentenced Bilal Skaf to 55 years imprisonment he was upholding not only the facts of the case but the thoughts and feelings of the community towards the case.


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