Criminal Law: Case Study on Daniel, Offences, and Legal Consequences

This case study analyzes a criminal law scenario involving Daniel and Alice. The assignment begins by outlining the events, including Daniel's use of Tinder, his encounter with Alice, and the subsequent events leading to Alice's death. The core of the analysis focuses on identifying the specific criminal offences Daniel could be charged with, including cybercrime, unlawful assault causing death, multiple meanings of reckless in rape and sexual assaults, and sexual offences. It then assesses the likelihood of a successful prosecution, considering the evidence and legal standards. Finally, the assignment examines the differences in legal outcomes based on whether the events occurred in New South Wales (NSW) or Queensland (Qld), highlighting the variations in cybercrime penalties and other relevant laws. The conclusion summarizes the key findings and emphasizes the importance of adhering to ethical and legal standards when using social media and engaging in personal interactions.

Criminal Law Scenario

Table of Contents
INTRODUCTION...........................................................................................................................1
MAIN BODY...................................................................................................................................1
Case Scenario.........................................................................................................................1
Identifying the specific offence (or offences) with which Daniel could be charged..............1
Advising of the likelihood of successful prosecution, assuming the facts as outlined above are
proven.....................................................................................................................................3
Commenting on any differences resulting from whether the events occurred in NSW or Qld.. 4
CONCLUSION................................................................................................................................5
REFERENCES................................................................................................................................6

INTRODUCTION
Criminal law is explained as the body of law which deals with punishment of offenders.
It is one of the most important law for maintaining the peaceful environment within the nation
through punishment and rehabilitation of violators. Authorised court such as supreme court, high
court plays the crucial role whenever criminal activities happens as they are the one who decides
what can be the actual remedies in it (Daly, 2017). In context of the file, case studies will be
solved where different laws and remedies will be also explained. In addition, there will be
identification about different offences which can be found within the case. In the last question,
topic will be connected with the difference of penalties which can be seen within New South
Wales and Queensland as some of the laws and act do varies in this part of Australia.
MAIN BODY
Case Scenario
This is one of the case which took place between Daniel and Alice. It was Saturday
evening around 10 pm where Daniel was alone in the home and started to use Tinder and starts to
swipe. He found Alice and then they both started to do chatting with each other. Soon, they both
meet with each other at 11:30 at Daniels apartment. Here, Daniel is 25 years old where as Alice
is just 21 years old. When Daniel starts to kiss Alice she is responsive.
As this was getting worse in this particular situation as Daniel was forcing himself on
Alice, who was trying to save her and wished to go home. She even told Daniel to leave her
alone but he was not ready to do so. By looking at the condition, Alice decided that she must find
the alternative ways to resolve the problem as future result might create problem for both of
them. Then, she took the decision that she must leave the house as soon as possible and took the
help of drainage pipe but she fell down and hit the ground and she got injured at that time. Alice
could have been saved, if Daniel would have taken quick decision to take her hospital as soon as
he saw Alice was down on the ground. Additionally, there is surgical evidence that Alice may
have lived if she had received treatment earlier.
Identifying the specific offence (or offences) with which Daniel could be charged.
It was one of the case which has created lots of problem for Daniel because he has been
involved in number of offences which can be problematic for him in future period of time. Some
of the offence which can be charged upon Daniel are explained below:
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Cybercrime: It refers to computer crime in which usage of modern technology as an
instrument to further illegal ends such as committing frauds, trafficking in child pornography,
and intellectual property, stealing identities or violating privacy. Most cybercrimes are an attack
on information about individuals, corporations or governments. Although, the affliction does not
take place on a physical body, but still it does create the number of problem for people or even
for organisation who have been attacked with the help of unethical cyber activities (Norrie,
2014). Moreover, an important aspect of cybercrime is its non-local character i.e. actions can
occur in jurisdiction separated by vast distances. Hence, such activities poses severe problems
for law enforcement as both local or even national crime agencies now require an international
cooperation. In context of the case, Daniel and Alice both were involved social media where
intention of Alice was very clear and simple that she wants to make new friends with the help of
Tinder. But, whereas in case of Daniel was trying to use the application for the wrong reasons. It
was Daniel who forced Alice to take wrong decision to leave the house with the help of drainage
pipe. Even it can be be easily said that Daniel was involved in the criminal activity through
social media sites. Also, he uses Tinder for the purpose of finding people on whom he can
release his sexual frustration which is against the Commonwealth Law. So, Daniel is responsible
for Alice death like forcing herself to fulfil his desires or wishes. Hence, Australia authorities
makes an initiative to make corrective course of action in a better manner.
Unlawful assaulting Causing Death: This law was enacted in order to response the
homicide cases which the outcome of these One punch law. The purpose behind the enactment of
this law was to understand the concept of this unlawful assault causing death. The Assault which
leads directly and indirectly to the death is One punch law (Burchell, 2013). Assaulting a person
is a crime and is liable for imprisonment. In regard of the case of Daniel and Alice, Alice was
assaulted by Daniel but it is clearly understandable that there was no intention to kill her as he
was just wants to fulfil his sexual desire with the help of social networking sites. Alice died due
to her actions where she was trying to get down through the pipe line and at that point of time
she falls to the ground hitting her head on the floor which has lead to the situation of death.
Multiple meaning of reckless in rape and sexual assaults: This aspect is heavily relates
with getting close to another person physically without an interest of opposite gender which
directly impact their morale, values, ethics, beliefs. Moreover, sexual assault is a bigger term
that is used to describe a range of sexual offence, showing indecent images to another person,
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kissing or touching them as well as penetration of an individuals body party or object. However,
it is regarded as one of the biggest crime where the attacker uses force, abuse of power, violence,
threats or tricks to control or take advantage of the victim (Duff, 2013). Hence, in context of
Daniel case study, he was willing to have sexual intercourse with Alice when she does not want
to kiss him but after refusing several times Daniel did not stop rather he was getting aggressive
and sexually assaulting over Alice. Moreover, he chatted with her in such a manner which made
Alice to come over to his complex and her story ended up in drastic way. Thus, after examining
the whole study carefully it has been analysed that Daniel as recklessly assaulting Alice as he
does not care that they may not be consent. Because she was scared, numb, pressured or
threatened by Daniel for not saying yes to him for kissing due to which she tries to save her life
and unfortunately her attempt ends up in death of Alice by falling down from complex balcony's
pipe.
Sexual offence:Each jurisdiction provide or follows various range of offences concerning
sexual conduct with opposite gender whether they are children or young person. Some of the
sexual offences are attempts to have sexual intercourse, acts of indecency, unlawful sexual
activity (Aliverti, 2012). In context of Daniel case study, rape or sexual assault occurs because
Daniel forced Alice to have sexual intercourse i.e. to kiss without her consent which can be
referred as compelled rape. However, by keeping her moral values, beliefs and ethics she saved
her life from getting trap in Daniel's intention which was against the legal law. But instead of
leaving her, he still tried to force her by holding the hands and showing anger over Alice due to
which she got scared or feared and managed to climb down from balcony's pipe. And at that
point, she fells down due to slip of her feet.
These are some of the laws and regulation that can be imposed upon Daniel as he just
didn't involved in the case of cyber crime but even he tried harass a women sexually which is not
allowed to do in any of the situation. If in any of the situation, case is filed within the court, then
above mentioned default are to be focused with there penalties.
Advising of the likelihood of successful prosecution, assuming the facts as outlined above are
proven.
Firstly, it is one of the criminal offence where Daniel have been found and the default
which he has done does carry the heavy penalties will be charges.. He will be kept in prison for
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this offence for maximum of three years. In present scenario, people are allowed to use social
media sites but they are required to make sure that they are not going to harm any of the person
while using it (Ramsay, 2012). Here, Daniel does exactly the same thing which he must not have
done with Alice. He had done the sexual harassment with Alice by using the social media site
known as Tinder which is completely against the law.
Secondly, he forced Alice for getting physical due to which it was found that Alice tired
to save her but while saving herself, she was unable to keep her balance and that took the entire
life. As per the Aggravated Sexual assault, any of the person is found guilty in it, then they are
liable for imprisonment for 20 years. All of this things were completely against the law and
because of that it is clearly understood that Daniel was the main reason behind the death of Alice
(Farahany, 2016).
Thirdly, it was found that due to the assault of Daniel, Alice has to lost her life. As it has
been already proved that Daniel is the defaulter in it so it can be said that he will be charged in
the this case too. As per the laws and regulation, he will be kept in prison for 8 years for the
default which he has performed.
This are some of the penalties which will be charged against Daniel by the court one his
all of the default is proved. By considering all of this facts and issues, court will have the rights
to take the final decision that what will be the final penalty which they will declare to him.
Commenting on any differences resulting from whether the events occurred in NSW or Qld.
As rules and regulation are different in New South Wales and Queensland, it was
important to find that what can be the punishment which can be given to Daniel. For Cyber
Crime law, the punishment will be given to Daniel will be maximum up to seven years but in
case of Queensland it will not exceed more then 3 years (What is cybercrime, 2018). While in
case of Aggravated Sexual assault, it was found that punishment is similar in both of the
situation i.e., 20 years (maximum). Lastly, while talking about death due to assault in this
particular case, both New South Wales and Queensland jurisdiction have set the same limit for
the punishment for any of the default performed by the defaulter.
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CONCLUSION
In the lights of above mentioned laws and regulation, it is understandable that any of the
person is not allowed to use any of social media application unethically as it is against the law.
The government have formed the hard-and-fast law where no one has the right to do sexual
harassment and in if any of the case it is found so then legal actions can be taken with immediate
effect. As, Australia covers the large geographical area, it is necessary that laws and policies
should be made according to the place and it is one the reason behind the difference between in
law commenced for New South Wales and Queensland.
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REFERENCES
Books and Journals
Norrie, A., 2014. Crime, reason and history: A critical introduction to criminal law. Cambridge
University Press.
Burchell, J. M., 2013. Principles of criminal law. Juta and Company Ltd.
Duff, R. A., 2013. Criminal attempts. International Encyclopedia of Ethics.
Aliverti, A., 2012. Making people criminal: The role of the criminal law in immigration
enforcement. Theoretical Criminology. 16(4). pp.417-434.
Farahany, N. A., 2016. Neuroscience and behavioral genetics in US criminal law: an empirical
analysis. Journal of Law and the Biosciences. 2(3). pp.485-509.
Ramsay, P., 2012. The insecurity state: vulnerable autonomy and the right to security in the
criminal law. Oxford University Press.
Daly, K., 2017. Criminal justice ideologies and practices in different voices: Some feminist
questions about justice. In Gender and Justice (pp. 437-454). Routledge.
Online
Cybercrime. 2019. [Online] Available Through: <https://www.cdpp.gov.au/crimes-we-
prosecute/cybercrime>
New Offence: Assault Causing Death. 2014. [Online] Available Through:
<https://www.ruleoflaw.org.au/assault-causing-death-nsw/>
What is cybercrime? 2018. [Online]. Available Through:
<https://www.health.nsw.gov.au/kidsfamilies/youth/Documents/forum-speaker-
presentations/2018/sanders-cybercrime-dec-2018.pdf>
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