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CRIM1019 Introduction To Criminal Justice

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Questions

1. In NSW, the law shifted its language from the use of ‘rape’ to ‘sexual assault’.

a. Discuss Pros and Cons of the change in language from 'rape' to 'sexual assault'. 

In answering this question, you must:
Identify the relevant legislative amendments introducing this change in language in NSW
Discuss the arguments made in relevant parliamentary debates
At least one other authoritative source (eg scholarly debate, case law, law reform enquiries, etc

b. Draw a conclusion as to whether the change in language was a positive decision.

c. Locate, cite and briefly summarise (what was changed, why and how) two further reforms relating to sexual assault within the Crimes Act 1900 (NSW)

2. Let's take a closer look at how Intoxication relates to Criminal Responsibility in NSW.

a) Identify one example under NSW criminal law where intoxication serves to reduce, limit or mitigate a person’s criminal liability.

b) Identify one example under NSW criminal law where intoxication serves to expand or aggravate a person’s criminal liability.

c)  Discuss the relationship of intoxication to the issue of consent in sexual assault cases in relation to:
i. Intoxication of the accused
ii. Intoxication of the alleged victim
 
d) Find the Criminal Trial Courts Bench Book, produced by the Judicial Commission of New South Wales, and explain, in your own words, how:
(i) intoxication can be taken into consideration by Courts when considering both physical and fault elements of offences; and
(ii) how consideration of intoxication, as an issue, needs to be communicated to juries.

3: Property Offences, Just Punishment 

Professor Andrew Ashworth, an English expert on criminal justice, has argued that imprisonment should be abolished for property offences, such as theft and fraud. His opinions can be found here: http://howardleague.org/wp-content/uploads/2016/03/What-if-imprisonment-were-abolished-web.pdf

a) In NSW what are the penalties for the core offences of theft and fraud?

b) NSW also has a number of very specific offences depending on the property stolen. What are the potential penalties if the following are stolen (remember to cite the relevant provision):
i. Cattle
ii. Dogs
iii. A library book
iv. A rock
v. A plane

c) Do you agree with Prof Ashworth’s arguments, why or why not? Use relevant sources in support of your argument (eg statistics, other academic opinions, legislation, case law)

d) If a homeless, starving person steals food to survive, can they successfully argue any defences? Apply relevant case law in support of your answer.
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