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Criminal Law: Rape Laws in Australia

   

Added on  2022-12-14

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CRIMINAL LAW
Criminal Law: Rape Laws in Australia_1

INTRODUCTION...........................................................................................................................3
TASK...............................................................................................................................................3
Memo of Case..............................................................................................................................3
Opinion on whether the prosecution case is viable.....................................................................5
Any other offence might be made out based...............................................................................5
Letter of advice............................................................................................................................5
CONLUSION..................................................................................................................................6
REFRENCES...................................................................................................................................7
Criminal Law: Rape Laws in Australia_2

INTRODUCTION
Criminal laws are those laws that have been formed in order go deal over issues that have
been impacting peace and order within society. These laws provides within concrete framework
that helps in covering various criminal aspects existing within society. Also criminal laws help in
maintaining balance within society. Criminal law is that body of law dealing over crime. In this
endangering of property, matters related to health and safety is covered. In this modern welfare
of people living within society is been covered. Further the laws involve punishment and
penalties for those people who violate laws formed within the code. In the following file things
to be covered is based upon rape laws in Australia and letter and other offences covered within it.
In the end letter of evidence has to be given.
TASK
Case study: The case is based upon offence of rape that is covered within criminal procedure.
The scenario contains Amanda who has put allegation upon Oliver Mann. In this case Amanda
had sexual relation and never used any precautionary pills for avoiding complexity. Basis of this
offence is upon ‘sperm burgling’ within which other’s sperm is been used by women to get
pregnant.
Memo of Case
Relevant Law: The relevant law that is been used in relation to the case is Criminal Code
Act 1995. This has been formed in order to control, criminal activities taking place within
Australia and New South Wales( Lev, 2019). These laws deal upon various kinds of offences
which are of criminal nature like sexual assault, rape, murder and harassment of any kind.
Further the act that has been formed in relation to criminal procedure for con trolling such crimes
in more effective manner. Such law acts as code of conduct in relation to crime taking place
within society. Various important provisions has been mentioned under the code has been proven
to be one of the most appropriate laws in dealing over crime. Further the act also marks out strict
provisions that have helped in controlling of crime. Also the act explains about basic elements of
crime that is actus rea and mens rea. Both these elements are based upon motive and intention
behind the act of criminal nature. In this Actus rea means when the motive of committing a crime
is to kill and then comes mens rea within which omission of an act has resulted in crime taking
place. Other than rape there are various other kinds of crime that has been committed by an
individual within a country. The act has been dealing with any kind of criminal activity which
involved terrorist’s activities within it also. Further the act focuses upon banning the usage of
explosives and materials required within making bomb. Basic structure of act is been inspired
from UK criminal procedure act. In this offences related to extortion, kidnapping of been
Criminal Law: Rape Laws in Australia_3

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