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usually,
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(+852)
CRIMINAL
LAW
ASSIGNMENT
Various
Issues,
Elements,
Offenses
,
Citations
and
Criminal
liabilities
against
MARK,
REGGIE
and
MARY
By
DAIZI
RANI
Student
id
:
10500212
Course
Code
:
Y11
Date
:
27.4
This
work
of
mine
include
number
of
cases
concluded
from
the
criminal
law
assignment
work
related
to
Reggie
,
Mark
and
Mary
where
Reggie
and
Mark
are
very
good
friends
and
Mary
is
Reggie’s
girlfriend.
Here
I
will
explain
various
issues
of
fatal
offenses,
non
fatal
offenses,
Grievous
Bodily
harm(GBH),
sexual
offenses
with
consent
,
sexual
offenses
without
consent
,consent
withdrawn
,
unlawful
activities
related
to
BASE
jumping,
trespassing,
offering
liquor
to
a
person
less
than
18
years
,drinking
of
a
person
in
a
private
property
,physical
assault
with
consent
etc.
have
been
considered
.
1
CRIMINAL
LAW
ASSIGNMENT
CASE
1
ISSUE
:
Did
Reggie
caused
Grievous
Bodily
harm
(GBH)
to
Mark
?
ELEMENTS
:
(a)
Unlawfully
done
.
(b)
Grievous
body
harm
was
done
.
(c)
Permanent
injuries
and
endangering
life
occurred.
RULE
:
Section
S1
of
The
Criminal
Code
Act
compilation
act
(Western
Australia)
1
defines
“Grievous
Body
Harm
(GBH
)
as
any
bodily
injury
of
such
nature
as
to
endanger,
or
be
likely
to
endanger
life,
or
to
cause,
or
be
likely
to
cause,
permanent
injury
to
health
“.
According
to
the
Section
s297
of
The
criminal
code
Act
compilation
act
1913
2
,
if
a
person
unlawfully
does
grievous
bodily
harm
to
another
with
an
intend
to
do
harm
and
it
causes
a
permanent
injury
and
endanger
the
life
of
a
person
then
it
is
considered
to
be
a
serious
offense
and
the
person
is
liable
to
get
imprisonment
for
10
years
in
Western
Australia
or
14
years
in
Queensland.
APPLICATION
:
Pursuant
to
section
1
and
section
297
,
it
can
be
argued
that
Reggie
was
very
upset
with
Mark
for
sleeping
with
his
girlfriend
Mary
so
he
knowingly
packed
Reggie’s
parachute
in
a
manner
which
caused
grievous
bodily
harm
to
Mark
causing
permanent
body
injuries
and
also
endangering
his
life.
Mark
and
Reggie
were
expert
in
packing
parachute
from
last
number
of
years
.
They
always
entrusted
each
other’s
parachute
and
they
never
had
any
mishap.
Since
Reggie
was
very
upset
with
Mark
for
having
sexually
assaulting
his
girlfriend
Mary
,
which
Mark
confided
him
to
tell
himself
.
Reggie
deliberately
packed
Mark’s
Parachute
with
an
intention
to
harm
Mark
and
it
didn’t
open
on
time,
because
of
which
Mark
was
seriously
injured,
his
bones
of
both
legs
were
broken
and
he
had
a
permanent
limp.
In
Ashley
Edward
Tranby
v
R
(1991)
52
A
CRIM
R
228,
court
found
that
Grievous
Bodily
Harm
(GBH
)
didn’t
occur
as
victim’s
loss
of
earlobe
bitten
by
the
appellant
was
a
cosmetic
issue.
It
did
not
effect
the
victim’s
hearing
capability
and
didn’t
cause
a
permanent
injury
to
the
health
unlike
Mark’s
case
where
he
had
broken
every
bone
of
his
both
the
legs
and
he
had
a
permanent
limp
.
CONCLUSION
:
Since
Reggie
caused
Grievous
bodily
harm
to
Mark
unlawfully
and
also
endangered
Mark’s
life
so
all
the
three
elements
were
met
.
Reggie
is
liable
to
get
imprisonment
for
ten
years.
1.
Section
1
of
The
Criminal
code
Compilation
act.
1913
for
Western
Australia
2.
Section
297
of
The
Criminal
code
Compilation
act.
1913
for
Western
Australia
2
CRIMINAL
LAW
ASSIGNMENT
CASE
2
ISSUE
:
Was
Reggie
And
Mark
doing
illegal
activity
by
doing
B.A.S
jumping
from
QBE
which
is
a
private
building
?
ELEMENTS
:
(a)
BASE
jumping
is
illegal
activity
.
(b)
Trespassing
the
private
building
.
RULE
:
Considering
number
of
deaths
in
Australia
due
to
BASE
jumping,
BASE
jumping
in
Western
Australia
is
banned
in
national
parks
and
from
private
buildings
,
due
to
danger
of
life
associated
with
it.
For
BASE
jumping
in
private
buildings
and
national
parks
,
one
needs
to
take
proper
permission
which
is
almost
impossible
to
get.
According
to
the
Australian
Base
Association,
BASE
jumping
requires
increased
level
of
safety
and
permission.
As
per
Section70
(A)
of
Western
Australia,
“Trespassing
means
to
enter
into
a
place
without
the
consent
of
owner
or
occupier
having
control
or
management
of
that
property”
.
A
trespasser
if
found
guilty,
is
liable
to
get
imprisonment
for
12
months.
It
is
mentioned
in
section
70(A)2
that
a
person
trespassing
on
a
place
without
lawful
excuse
is
guilty
of
an
offense
.
APPLICATION:
Reggie
and
Mark
used
to
do
BASE
jumping
from
private
buildings.
On
that
particular
day
of
incident
,
they
decided
to
do
BASE
jump
from
the
top
of
the
QBE
building
.
Since
it
has
been
mentioned
that
they
sneaked
so
it
is
quite
possible
that
they
must
not
be
having
the
permission
to
jump
from
the
QBE
building.
They
trespassed
the
QBE
building
unlawfully
which
is
an
offense
against
public
order
and
breaching
of
the
peace
.
CONCLUSION
:
Since
Reggie
and
Mark
trespassed
the
QBE
Building
unlawfully,
they
are
found
guilty
and
liable
to
get
imprisonment
for
twelve
months.
4
CRIMINAL
LAW
ASSIGNMENT
CASE
3
ISSUE:
Is
Mark
guilty
of
sexual
penetration
into
Mary
without
her
consent
?
ELEMENTS
:
(a)
Sexual
Penetration
.
(b)
Without
the
consent
of
another
person
.
(c)
Consent
was
withdrawn
.
RULE
:
According
to
the
section
325
of
,The
criminal
code
Act
compilation
act
1913
,
if
a
person
who
sexually
penetrates
another
person
without
the
consent
of
that
person
is
guilty
of
a
crime
and
is
liable
to
get
imprisonment
for
14 years.
The
provision
of
section
325
(WA)
does
not
define
the
term
“Penetration”
which
is
defined
broadly
in
Section
319(1)
which
says
that
“To
sexually
penetrate
means,
penetrate
the
Vagina,
anus
or
urethra
of
any
person
by
means
of
any
part
of
the
body
or
with
any
object”
.
According
to
section
319(2)a
consent
should
be
freely
and
voluntary
given
and
consent
can
be
withdrawn
any
time
.
APPLICATION
:
Pursuant
to
section
325
,
319(1)
and
319(2)
,
it
can
be
argued
that
Mark
,
Reggie
and
Mary
were
all
drunkard
badly
and
then
Mark
went
to
Mary’s
bedroom,
while
she
was
badly
under
the
influence
of
alcohol
and
not
in
a
condition
to
give
consent
.Reggie
was
also
in
such
a
bad
condition
in
the
bathroom
that
he
Mary
was
unable
to
bring
him
to
the
bed.
Mark
tried
to
persuade
Mary
several
times
for
having
sex
with
him
though
Mary
was
reluctant
to
do
this.
But
mark
didn’t
stop
and
wrapped
his
hands
around
Mary
and
kept
perusing
her
and
kissing
her
intensely.
After
several
denials,
Mary
agreed
to
just
do
kissing
and
asked
Mark
to
stop
after
that,
but
Mark
didn’t
stop
there
and
caused
penetration
into
Mary
which
was
against
Mary’s
consent.
According
to
the
Model Criminal Code Officers Committee , new formulation of word “CONSENT” means “free and
Voluntary Agreement” instead of “free and voluntary given” which means “it must be active
agreement on both sides” . In Saibu V the Queen (1993) 10 WAR 297 , the accused had sex with the
victim but after that complainant fall asleep , accused did not stop here and continued doing sex
with
her
repeatedly . According to the accused she consented during first act of sexual penetration when she
was
awake but once she slept, consent was withdrawn and while sleeping is a situation where there can
not
be
consent.
In
case
of
Michael v Western Australia(2008) 183 A CRIM R 348, level of threat and control were main
reasons for getting the consent. Since , the appellant who posed himself as a police officer and both
the
survivors were drug addicted prostitutes ,who failed to resist as they were under the influence of
offender being a police officer and they had previously been arrested for engaging in prostitution. In
this
case
there
was
a
lack of consent as it was obtained by a combination of deceit , threat and intimidation. It was a
fearful submission, not the consent. 5 CRIMINAL LAW ASSIGNMENT CASE 4 ISSUE : Did
Mark
shooting Reggie was an unlawful assault which was acceptable as it occurred when Reggie
consented EELEMENTS : (a) Grievous Bodily Harm (b) Assault was unlawful (b) Consent was there
for
assault
RULE
:
In
Section
317(WA) (1) Any person who unlawfully assaults another and thereby does that other person bodily
harm
is
guilty
of
a
crime
and
if
offense
is
committed in circumstances of aggravation , there is a penalty of 7 years else in any other case there
is
a
penalty
of
5 years. (2) Also assault is also an element for more serious offenses relating to severity of injury
sustained by the victim. According to section 297(WA) , Grievous body harm defined as something
causing
a
serious
disease to a person. In Western Australia according to The Criminal Code Act Compilation s222, a
person
is
deemed to have committed the offense of assault when they strike, move, and touch or otherwise
uses force either directly or indirectly to another person without their consent. In cases of consent,
the
consent
must
not
be
obtained through fraudulent (the victim must have given the consent freely and without being
manipulated into giving the consent) means or by threats. According to The Criminal Code Act
Compilation
Act, s223 , the application of force by one person to another may be unlawful, though it is done with
the
consent
of
that
person. Criminal responsibilities doesn’t arise unless the assault is unlawful. In Lergesner v Carroll
(1990) 49 A Crim r51 , Carroll was convicted of unlawfully assaulting Lergesner causing bodily
harm. He claimed that Lergesner consented and asked him to settle everything here only. In this
particular
case
consent
was
the
central issue , where defendant was mistaken with the fact that the victim consented. A person can
not
consent
to
certain type of assaults for public policy reasons. In R v Billinghurst (1978) Crim LR 553 a rugby
player punched the opponent and his upper jaw was fractured and he was found guilty of having
Grievous
body
harm
,
though
it
is
consented in a match but it was still unlawful APPLICATION: Reggie and Mark were really good
friends
and
Reggie
didn’t
pack Mark’s parachute properly as he was upset with Mark for having sex with his Girlfriend Mary.
Mark
parachute
didn’t
open
at
right time and broke almost all the bones of his leg. Reggie felt guilty and responsible for the injuries
suffered by Mark . , 7 CRIMINAL LAW ASSIGNMENT He brought a gun so that Mark could
shoot him in his leg and it will cause equal loss to both of them, and things will be settled. So Reggie
has
consented for this assault. This teared Reggie's knees. Both Reggie and Mark had a permanent limp
The
application of force as set out in s222 is also met as Mark uses a gun to cause injury and personal
discomfort to Reggie which shows that assault causing Grievance Body Harm. Though Reggie
consented to shoot himself but according to s223, it is still unlawful. Criminal responsibility arises
when
an
assault
is
unlawful
or
not
authorized CONCLUSION: Though Reggie consented to shoot himself , but application of force is
unlawful
assault
even though Reggie consented for it and Mark is liable to be punished for causing GBH to Reggie
with
his
consent
but
it
was
unlawful. 8 CRIMINAL LAW ASSIGNMENT CASE 5 ISSUE : Is it an offense by Mark and
Reggie
to
offer liquor to Mary who is just 17 years old? EELEMENTS : (a) drinking liquor at age of 17 (b)
offering
liquor
to
someone below 18 RULE : According to Liquor control act 1988, section 115, it is not an offense to
drink liquor in a private place if the person is below 18 but the person serving alcohol to another
person
whose age is less than 18 should be either parents of the person or should act in a responsible manner.
APPLICATION:
Mark
and
Reggie
cannot
be
considered
to
take
proper
responsibilities , as they were already drunkard badly, Reggie being in a bad condition in the
bathroom
and
Mark
didn’t
care of Reggie and Mary and came to Mary’s bed without her consent . They were also not parents of
Mary
whose presence would have allowed Mary to drink in a private property though she is less than 18
years.
CONCLUSION: Mary is not found guilty , although she is less than 18 years but she was drinking
in
a
private
property
but
Mark
and
Reggie
committed an offense by behaving in an irresponsible manner and offering liquor to a girl below 18.
10
CRIMINAL
LAW
ASSIGNMENT
Overall Conclusion : The cases discussed above leads to several conclusions 11 Reggie satisfies all
the
essential elements of GBH and should be convicted of causing grievous bodily harm to Mark by not
packing
his
parachute
properly and causing serious injuries to Mark with a permanent limp and several bones broken .
Mark
also
satisfies all the elements of causing Grievous Body harm to Reggie in spite of the fact that Reggie
asked
to
shoot him as he wants both of them to be at equal level . Mark committed two major crimes by
causing
Grievous
bodily
harm
to
Reggie
by
shooting in his leg for which Reggie consented but it was unlawful. Another crime committed by
Mark
was
an
offense
of
Sexually assaulting Mary without her consent because it is considered in this case that Mary
consented to kiss her but Mark caused sexual penetration which was not consented buy Mary.
Reggie
and
Mark
both
are
guilty
of
trespassing
a
private
building
and
do
BASE
jumping
without
permission
.
Mary doesn’t seem to have committed a crime by drinking in a private property though she is less
than
18
years.
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