A stress exists between the principle of totality on the one hand, and, on the other, the need to ensure that a person who deliberately commits a series of separate criminal offences receives sufficient punishment for each of them, partially of course to provide deterrence and partially to satisfy the general public.
Thirdly, the lack of a willingness to cooperate would not have had a positive influence on the decision R v bilal skaf legal studies jurors as Skaf refused to cooperate and simply denied his allegations — it can be fairly gathered and argued from this act alone that an innocent person would not forego these means to prove their innocence, this is something that Bilal Skaf simply did not attempt; clearly this fact would have affected the jurors actions and thus the sentencing decision.
He was then expelled from his high school at the mere age of 14 years old, with a lack of school certificate consequently leading him to have a lack of any real career prospects and resulting in Skaf starting to acquire a criminal record and disregard for the law at a very young age.
However it can be argued that to what extent this was followed is unknown and some may be doubtful that immense media coverage did not at all influence jurors. Discuss the factors that affect the sentencing decision A range of factors were taken into serious consideration for the jury when deciding upon their verdict for the events of the night of 12 August, He was also sentenced in relation to two counts on an indictment from an unrelated trial.
His Honour erred in not taking into account the fact that the applicant pleaded guilty to the two counts of attempt pervert the course of justice. I will also be mentioning the recent appeal case in which reduced the sentences given R v bilal skaf legal studies the crimes in After Bilal Skaf had finished this act, he allowed and encouraged another man who wished to engage with the woman and the man proceeded to have sexual intercourse with the female.
Bilal Skaf received his sentence and the first date he will become eligible for release on parole will be 11 February LIAC does not intend that the inclusion of cases in this guide should be interpreted as a suggestion to read such material. Scales of injustice making the victims pay: The sentences were individually and collectively manifestly excessive.
Describe the factors that might have led to the criminal behaviour Bilal Skaf grew up in an underclass area led to a lack of motivation which resulted in a lack of education. Firstly, it must be stated that the jury had to be sure to disregard previous convictions for rapes on the 10th and 30th of same months of the rape offence being tried as this would be regarded as grossly unjust in forming a decision and those facts are up to the Judge to use for the penalty decision not sentencing decision.
With a lack of a job, Skaf turned to the streets and there he sees he needs to attain respect from his peers, and to gain this respect he will do anything, including breaking the law leading to a shoplifting offence within several months.
She did not identify anyone from that photo board. For the first offence the outline of the occurrence of events are as follows: Judges must explicitly state that jurors are to abide by their oath and so is the circumstance in this case as the judge instructed jurors to confine their consideration to the evidence and facts of the court proceedings with the judge being careful to remind jurors that they are to ignore any publicity.
Timeline of crimes and trials of Bilal Skaf. The jury disagreed in relation to one of the aggravated sexual intercourse counts, but the applicant was found guilty on all the remaining counts.
Explain the penalty given: Criminal justice issues Evaluating the effectiveness of the law? However the second offence was also a very serious one, remembering that Bilal Skaf was the leader of the group. On 15 August and 10 Octoberthe judge sentenced the applicant in relation to all offences for which he had been found guilty.
It is important to add that on 7 December the complainant was shown a photo board which contained a photo of Ali Skaf. Detective Walsh gave evidence that Ali Skaf was cm tall, different from that of Skaf, and did not have a scar above his left eyebrow which the complainant had described her assailant as having a scar above his left eyebrow.
This list contains some cases that have no published decision. Between 29 April and 7 June there was a second trial, again by judge and jury, in which the applicant stood trial charged with offences of detain for advantage, aggravated indecent assault in company, aggravated act of indecency in company, three counts of aggravated sexual intercourse without consent in company and two counts of perverting the course of justice.
Many of the cases covered are on violent crimes and contain very graphic details that may shock or disturb readers. Yet telephone records indicated five calls by Bilal Skaf to Mohammed Skaf that night. You will need a Library card to use many of the resources. This constitutes the second offence charged against Bilal Skaf as being there as an aider and abettor.
Explain the role of the courts Due to the severity of the offence, and the nature in which the offense was very much in one of the worst categories of sexual assault the offence was heard in the Supreme Court of NSW; with this court constituted under Supreme Court Act NSW.
This principle is central to an explanation of why this particular sentence was given. His Honour erred in finding the applicant had attempted to anally penetrate the complainant Miss C as the jury could not agree whether or not he was guilty of anally sexually assaulting Miss C and the applicant was not charged with or convicted of attempted sexual assault.
These websites will help you find information about any issue you have identified from this case and background information that is helpful for evaluating the effectiveness of the legal system.
Some of these cases may have been appealed or overturned since The sentences must be quashed and the applicant must be re-sentenced.Essay on R V Bilal Skaf, Legal Studies Research Report Words | 12 Pages.
and as opposed to 2 separate cases rape cases which Bilal Skaf was also a belligerent for the month of August R v Bilal SKAF Legal citation of the case: Regina v Bilal Skaf; Regina v Mohammed Skaf  NSWSC28 July AND amendment to this decision with the appeal: R v Skaf & Skaf  NSWCCA17 December Outline the elements of the offence.
R v Bilal SKAF Legal citation of the case: Regina v Bilal Skaf; Regina v Mohammed Skaf  NSWSC28 July AND amendment to this decision with the appeal: R v Skaf & Skaf  NSWCCA17 December Outline the elements of the offence In terms of Actus Reus of committing the guilty and physical act of the crime, Bilal Skaf.
Oct 23, · R v Skaf was a lengthy and costly case to the tax payers.
Bilal and his brother Mohammed who was also a member of the gang rapes used the legal aid system. Bilal and his brother insisted on a Muslim representative from Legal Aid, failing which, could have led to the contentious prospect of the defendants being able to cross. Free Essay: Preface: Due to space constraints I will be focusing on the actions taken by and taken against BILAL Skaf solely as opposed to his brother.
Tags: case studies, crime, hsc legal studies, liac, liac crime library. Key to library resources. In the Library (or anywhere with a Library card for NSW residents) Only in the Library: Publicly available: Gang Rape No 2.
R v Bilal Skaf, Mohammed Skaf  NSWCCA 37, 6 May .Download