Criminal Law: Comprehensive Analysis of a Rape Case and Legal Advice

This report delves into a criminal law case study concerning allegations of rape, focusing on the application of the Criminal Code Act 1995 in Australia. The case involves allegations against Oliver Mann, with the central issue revolving around 'sperm burgling'. The report examines the viability of the prosecution's case, considering the need to prove lack of consent and potential evidence requirements like semen tests. It explores other offenses that might be applicable, such as sexual assault and harassment, and provides a letter of advice to Mr. Burns, outlining key considerations like the need to prove the absence of consent and the importance of cross-examining the accuser. The analysis draws upon relevant case law, such as R v Dogger and B v Sind, to illustrate legal principles. The report concludes by emphasizing the framework of criminal law, which is designed to address issues of criminal nature, and also references the importance of providing proper penalty with punishment for the offenders.

CRIMINAL LAW

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

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

covered within the act. The act makes those activities strictly prohibited which has tendency to
harm public at large in these activities genocide and manslaughter is been covered. The acts says
that “A person who attempts to commit an offence is guilty of the offence of attempting to
commit that offence and is punishable as if the offence attempted had been committed. (2) For
the person to be guilty, the person’s conduct must be more than merely preparatory to the
commission of the offence. The question whether conduct is more than merely preparatory to the
commission of the offence is one of fact. (3) For the offence of attempting to commit an offence,
intention and knowledge are fault elements in relation to each physical element of the offence
attempted. The act has justified that children over the age of 10 but under the age of 14 can be
held liable for a criminal offence when it is known by child about the wrong conducted. In this
main focus is upon intention of the child and his tendency of getting awareness about his
conduct. Criminal offence border of proof is upon prosecution. The act is one of the most
impactful and recognized criminal code of conduct which has lead upon forming of laws in order
to control crime within the country. Also the act focuses over controlling rape or sexual assault
activities within the helps of section 48. The act has given power to courts for dealing upon this
matters which are covered within the act. The courts in Australia have been given power as per
territorial limits assigned to them (Manacorda, 2018).
As in Australia common laws is been used so the definition of rape has been defined as
that kind of act which has been committed without the consent of women or against her will.
This has provided idea about rape and sexual intercourse between individual. Further it has
helped in making various laws in relation to rape in society. To remove inconsistency
jurisdiction creating has helped in developing various kinds of cases that has helped in setting
example for stopping rape. This removed gender specific laws removed which brought equality
within the process of punishment within the case of rape or sexual assault. Powers given to court
makes sure that prohibition is been created upon any kind of inappropriate psychology existing
within the person committing such offence. Jurisdiction provided to court makes sexual offences
crime of heinous nature. Under it common law has helped in making innovation within such laws
for making them stronger in nature. According to common law the act has made various
provisions relation to rape exists in order to make more reliable justice to be attained within the
judiciary. These laws have been covered and applied over Victoria, Queensland and South
Australia. Laws related to criminal nature makes balance within society to be developed within
more effectiveness. Under such kind of offences a women should not have any kind of consent
or should not be forced for sexual intercourse as this amounts to rape. in this judiciary has played
very important role in making these laws applied in appropriate manner. The penalty for sexual
assault and rape is extended up to life imprisonment. This makes aggrieved factors to be taken
into consideration while deciding in case of rape. Under it evidences is required to be presented
which proves about the offence that has been committed. In this several of offences has been
committed and basic elements of crime is also observed within it. It makes judges attain
transparency within its judgments. These elements define about motive and intention of the
accused existing within case. It is both mental and physical element and is applied within

criminal offences. In this code of jurisdiction is been followed that defines about the depth of
crime committed.
Opinion on whether the prosecution case is viable
In this case it can be observed that ‘sperm burgling’ is the main cause over which charges
of rape has been filed against the other party( Mayson, 2020). Such clause is used under rape
means when the women willingly want to be pregnant and uses sperm of another person for such
person. So such kind of thing cannot be considered as rape until the women is been forced to do
such action. The case Mann has been accused for the charges of rape by Amanda. In this case it
has be observed that prosecution in this case should be able to prove about rape committed. As
per the act rape can be proved only when semen test has been done and women say that her
consent was not involved within it. For proving rape charges one must collect valid evidences
and DNA samples to prove that accused has done the crime. Relevant case relate to the rape is R
vs Dogger in this case Dogger was accused for committing rape of women age 25. In this case
court held that Dogger has committed rape since the consent of women was not involved within
it. Another case that is involved is B vs Sind in this case court held that Sind has not committed
crime of rape since women has put false allegation upon him.
Any other offence might be made out based
After observing scenario it can be that the act contains various kinds of other offences
related over or can be marked under the category of rape. Since rte is sexual act certain acts like
sexual assault, sexual harassment and culpable homicide includes within the crime related to
sexual attractions (McNamara and et. al., 2019)..
Letter of advice
Morris Thivanka, Managing Partner
J street, 25th avnue Park plaza
London
Europe
Advice: In relation to final agreement upon the charges put in relation to sexual assault.
Dear Mr. Burns,
It is to inform that instruction has been given to use in order to give advice in relation to
matter of sexual assault. In this instruction is been over providing and advice over the accusation
that has been made in relation to the prosecution. As the information is been provided within the
case various issues have been marked out that can make the accused prove about crime done
against her. In this case it is required to prove that consent of the women was not there since rape
can only be proved when consent is not there. Also it is required to makes sure that penalty is
been charged as per provision of Criminal Procedure act 1995. Further it has to be proved that

she was having extra affairs before coming in relation with Oliver. The following things require
to be taken into consideration which is as follows:
 Since age of the accused is 25 and lives in Sydney NSW
 Oliver is currently residing in Burwood NSW
 In the year 2018 online friendship has been made.
 Then you both started meeting each other and become friends
 She travelled to Sydney in 2019 and you bit started living with each other but Oliver was
not aware about facts related to Amanda Struebing, J.E., 2018. .
Further it is been advice that all evidences should be kept ready and they are required to be
relevant for this we are required to meet and have discussion. This makes protection gained from
the case of rape. Also it is required o cross examine Amanda to check validity of certain facts.
Thanks you
Yours sincerely
CONLUSION
From the above discussion it can be concluded that criminal laws are those laws that has
been formed for dealing over issues of criminal nature existing within society. Such laws provide
framework in order to control crime. Further the file covers abut Criminal act 1995 which is an
Australian law and deals upon offences related to various crimes existing within society. The act
has been formed in order to makes sure that all crimes is been handled and proper penalty with
punishment if given for them. In the end letter of advice is been made.

REFRENCES
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