Significance of Crown v Bilal Skaf and Mohammed Skaf (1 Viewer)

[jonathan__]

Well I was looking thru media reports concerning the case n found a whole load of crap. I know wat happened but could sumone summarise the legal stuf that happened after that and any significant things? Thanks in advance

 

[Jago]

harsh penalties (?)

 

[goan_crazy]

Led to the passing of the Crimes Sexual Assault in Company Act

 

[Jonathan A]

At first istance, the case would not be very significant. Technically although the District Court is higher than the lower court, a local court is not bound by the decisions of the District Court.

When we speak of significance of cases, you best deal with the Court of Criminal Appeal decision - this establishes the law that is precedent.

 

[= Jennifer =]

this has to be one of my favourite criminal law cases, it is very significant especially in sentencing, victim impact statements, aggrevating and mitigating factors for my hsc i used this to help me study the case more effectively

http://www.abc.net.au/4corners/stories/s675775.htm

 

[= Jennifer =]

Jono u also make a valid point too.

 

[Rafy]

The Judgment: http://www.lawlink.nsw.gov.au/scjud...e4c0b2fec8651816ca25706900248d28?OpenDocument

and in such a case the usual citation is R or Regina (instead of "crown")

 

[Jonathan A]

The Judgment: http://www.lawlink.nsw.gov.au/scjud...e4c0b2fec8651816ca25706900248d28?OpenDocument

and in such a case the usual citation is R or Regina (instead of "crown")

Depends who appeals.

If the Defendant Appeals, it is generally Defendant v DPP. Otherwise: R v Defendant. THe word "Crown" is not used. It can be either the following:
-Regina/Rex
-R
-The Queen / The King

 

[MiuMiu]

Did you actually find the judgement? Ive only ever been able to find the appeal transcripts because District Court reports aren't published

 

[goan_crazy]

On the 16th Sept. they reduced the penalty by half.
However, yesterday they said there is going to be an appeal.

 

[Jonathan A]

On the 16th Sept. they reduced the penalty by half.
However, yesterday they said there is going to be an appeal.

It will be interesting to see. The High Court hardly ever hear appeals on grounds of Sentence. In fact the High Court is reluctant to hear criminal law matters.

 

[always777]

Its also significant because initially when the case was first brought up it was at the time of the olympics - they came down hard on them because they wanted to show that Australia was a safe place to come - to show people they would be secure ya know? Shows how sentencing changes over time, also coz gang rapes never used to attract such harsh penalties, but in the last few years they've almost become worse than murder...

 

[GodfatherOfRock]

Alright, im Just doing the HSC this year, and I am looking to use this case in an assignment for Legal Studies, I would appreciate it if anybody could point me in the direction of some good, relivant information, im using the abc website which Is VERY useful. But if anybody could point me to a website or two that will help, I would greatly appreciate it. I need any information on this case that I can get.
ALSO, I read on a forum that Mr Skaf's sentance was reduced to something like 25 years? Is this a fact or just wishful thinking on his part?

 

[SoulSearcher]

His sentence was dropped to 28 years with a 22 year non-parole period, but now is likely to come back up again after he was found guilty of rape again of another woman whose case was thrown out a couple of years ago because of the two juror's investigation of the crime scene by themselves.

 

[GodfatherOfRock]

Cheers mate, HUGE help.

 

[ms.JESS]

The original 55 years sentence that was enforced was used as an active detterent, so they were saying "you want to rape someone, this is what you get!" to scare of anyone else.

Also, they had a few problems with the jury also. Two of the jury members actually went out and 'conducted' their own investigation at the park where one of the raped took place as the witness claimed she could see one of the rapists face from a fair distance. When it was found out what the jury had done, they had to go to a retrial. Now, Juries are phobited to look into the case etc. This is also an example of the ineffectiveness of juries.