Analyse and Evaluate Concepts of Principles of Criminal Law

Running head: ANALYSE AND EVALUATE CONCEPTS OF PRINCIPLES OF
CRIMINAL LAW
Analyse and Evaluate Concepts of Principles of Criminal Law

ANALYSE AND EVALUATE CONCEPTS OF PRINCIPLES OF CRIMINAL LAW 1
Question 4
4.1
Common assault will be found to be committed if the person beat or assault another person.
The maximum penalty is around $ 200 (i.e. 15 penalty units) under the Summary Offences
Act or the three months of imprisonment. It is generally considered as the least serious
crime1.
4.2
At the first instance the victim, must complaint in the police and then police will make a
charge against him and start with the investigation and will inform about the progress of the
case of every aspect. If the victim is stalked or harassed can directly resolved the issue with
the person who is involved by making a complaint to the Victorian Equal Opportunity and
Human Rights Commission or the Australian human Rights Commission2.
4.3
Rape is a sexual assault that can be the sexual intercourse between or can be other kinds of
sexual penetration that has been conducted without the consent of a person.
The elements of rape are:
 If someone penetrates without the consent
 After the sexual penetration it has not been withdrawn after becoming aware that it
has not been consented by you
 Making you sexually penetrates means putting the penis into the mouth, vagina or
anus3.
4.4
The penalty for the rape is the maximum imprisonment is of 25 years under the Crimes Act
1958. The penalty depends on the circumstances and seriousness of the act4.
1 Crimes Act, 1958 (vic)
2 Sophie, Sills, et al. "Rape culture and social media: Young critics and a feminist counterpublic. (2016). 16 (6)
" Feminist Media Studies: 935-951
3 ibid
4 At 1

ANALYSE AND EVALUATE CONCEPTS OF PRINCIPLES OF CRIMINAL LAW 2
Question 5
5.1
The defence Jane can take in this case is the defence of provocation that sees the killing as a
justified response, it is treated as the reaction as the understandable due to the circumstances.
The partially Jane can also take the defence of the diminished responsibility5.
5.2
Peter can take the defence of the self-defence that the person with the hockey stick coming
towards him shows the intention of the Larry to kill him, also they have love-lost
relationship, and therefore in the self-defence peter had killed him. In conclusion, Larry has
the guilty mind (Mens Rea) therefore in his self-defence he has killed Larry6.
5.3
The duress is not at all a complete defence that G can take. The circumstances suggest that G
has not been threatened by the K. So the G cannot take the defence of duress and must been
held liable for the murder7.
5.4
The first circumstance is the person has committed the physical element that refers to the
actus-reus in that the conduct been included or the circumstances or the cause for committing
the crime8.
The second circumstance is the mental or the fault element. The fault is described as the state
of the mind in committing the act.
The law states the person will not been held liable if at the time of committing an offence the
person has lacked the mental impairment9.
5 Michael, Salter, "Beyond criminalisation and responsibilisation: (2012) 24 Sexting, gender and young
people." Current Issues Crim. Just. : 301.
6 Emily C, Hodell., et al. "Mock juror gender biases and perceptions of self-defense claims in intimate partner
homicide. (2014). 29 (5) Journal of Family Violence: 495-506.
7 At 1
8 Peden, RG. "The Statues in Apuleius" Metamorphoses" 2.4. (1985). 39 (4) Phoenix : 380-383
9 Annie, Cossins. Restorative justice and child sex offences: The theory and the practice." (2008). 48 (3) The
British Journal of Criminology : 359-378