Sexual assault performed with another person or people present together with aggravating circumstances.

Aggravated sexual assault in company

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HSC Legal Studies

Question	Answer
An act or omission against the community at large that is punishable by the state.	Crime
A government and the people it governs; a country.	State
The person or alleged offender that the criminal action is being taken against.	Accused
When the Crown or state takes action against the accused person in a court of law.	Prosecute
The standard of proof required in a criminal case for a person to be found guilty.	Beyond reasonable doubt
A Latin term meaning 'guilty act' that refers to the physical act of carrying out a crime.	Actus reus
A Latin term meaning 'guilty mind', meaning that the accused intended (to some degree) to commit the crime, knowing their actions were wrong.	Mens rea
When the accused was aware that their action could lead to a crime being committed, but chose to take that course of action anyway.	Recklessness
Where the accused fails to foresee the risk when they should have and so allows the avoidable danger to occur.	Criminal negligence
An offence where the mens rea does not need to be proved; only the actus reus (the guilty act) needs to be proved.	Strict liability offence
The link between the behaviour of the accused and the result (that is, that the behaviour of the accused actually caused the criminal act alleged).	Causation
Dealing or trading in something illegal, particularly drugs.	Trafficking
The unlawful killing of a human being.	Homicide
The deliberate killing of a person.	Murder
The killing of a person in a manner that is considered to be less intentional than murder.	Manslaughter
The killing of a person where the accused did intend to kill or was reckless about killing someone but there were mitigating circumstances.	Voluntary manslaughter
Circumstances that make an offence less severe; they can lead to a reduced sentence.	Mitigating circumstances
The defence where the defendant claims that their actions were a direct result of another person's actions, which caused them to lose control of their own actions.	Provocation
The killing of a person where the death occurred because the accused acted in a reckless or negligent way without intention to kill.	Involuntary manslaughter
The killing of a person while the accused was carrying out another dangerous or unlawful act.	Constructive manslaughter
The death of a baby under the age of 12 months at the hands of its mother.	Infanticide
A criminal offence involving the infliction of physical force or the threat of physical force.	Assault
Assault where there is no actual physical harm to the person assaulted, including threatening to cause physical harm to another person.	Common assault
When someone is forced into sexual intercourse against their will and without their consent.	Sexual assault
Broadly defined in the Crimes Act 1900 (NSW) to include oral sex or penetration of the vagina or anus by any part of another person's body or by an object manipulated by another person.	Sexual intercourse
An assault and 'act of indecency' on or in the presence of another person without their consent.	Indecent assault
Sexual assault performed with another person or people present together with aggravating circumstances.	Aggravated sexual assault in company
An attempt or manifest intention to levy war against the state, assist the enemy or cause harm to or the death of a head of state.	Treason
Promoting discontent, hatred or contempt against a government or leader of the state through slanderous use of language; in Australia it includes the offences of urging force or violence against the government.	Sedition
When one or more people intentionally take another person's property without consent and without intention of returning it.	Larceny
When property is taken directly from a victim, usually forcefully.	Robbery
Commonly known as burglary, these offences usually occur when a person enters a home with intent to commit an offence.	Break and enter
A general term for various non-violent crimes associated with professionals or businesspeople, such as embezzlement, tax evasion or insider trading.	White-collar crime
When a person steals money from a business over a period of time while they are employed at the workplace.	Embezzlement
An attempt to avoid paying the full amount of taxes due by, among other things, concealing or underestimating a person or business's income or assets.	Tax evasion
When a person illegally trades on the share market to their own advantage using confidential information.	Insider trading
Deceitful or dishonest conduct carried out for personal gain.	Fraud
Using or threatening to use violence on another that would cause a reasonable person present at the scene to fear for their safety.	Affray
Similar to affray, but with 12 or more people using or threatening to use unlawful violence for a common purpose.	Riot
An offence where a principal crime was attempted but failed or was prevented for some reason despite the intention to complete it.	Attempt
When two or more people plot to commit a crime together.	Conspiracy
A less severe offence that is heard and sentenced by a magistrate in a Local Court.	Summary offence
A more severe offence that is heard and sentenced by a judge in a District Court or tried before a judge and jury.	Indictable offence
The scientific study of crime and criminal behaviour.	Criminology
For the police, carrying out research to discover evidence and examine the facts surrounding an alleged criminal incident.	Investigate
To seize a person by legal authority and take them into custody.	Arrest
To formally question a suspect in relation to an alleged crime.	Interrogate
Information used to support facts in a legal investigation or admissible testimony in court.	Evidence
The power to search a person and/or their possessions and seize and detain items that are discovered.	Search and seizure
Such force as is reasonably necessary for the officer to perform the function; the officer must honestly believe that it was justified and not excessive.	Reasonable force
A legal document issued by a magistrate or judge authorising an officer to perform a particular act, such as make an arrest or conduct a search, seize property or use a phone tap.	Warrant
Formal accusation of a person of committing a criminal offence.	Charge
A Latin term meaning 'in the place'; used to describe the place in which a piece of evidence is found or situated.	in situ
Evidence that cannot be considered by a judge or jury in court (for example, confessions that were obtained by force).	Inadmissible evidence
Genetic material (such as hair, blood and saliva) that can be used to link a suspect with a crime scene or criminal offence, or to clear a suspect.	DNA evidence
The act or process of questioning a suspect, carried out by the investigating officers.	Interrogation
A statement issued by police to a suspect when they are detained to inform the suspect of their rights.	Caution
A legal document that states when and where a person must appear in court and the charge to which they must answer.	Court attendance notice (CAN)
A legal document issued by a court, requiring a person to attend and give evidence and/or to produce specified documents to the court.	Subpoena
The temporary release of an accused person awaiting trial, sometimes on particular conditions such as lodgement of a sum of money as a guarantee.	Bail
In bail, where another person agrees to provide a financial guarantee that the accused will return to the court for trial in exchange for the accused's release until that date.	Surety
A period spent in custody awaiting trial.	Remand
An application to have a higher court review a decision of a lower court.	Appeal
The system of courts within a jurisdiction, from lower courts to intermediate and higher courts.	Court hierarchy
The authority for a court to hear a matter for the first time.	Original jurisdiction
The authority for a court to review matters on appeal from another court.	Appellate jurisdiction
Proceedings in which a magistrate determines if there is enough evidence for a case to proceed to trial in a higher court.	Committal proceedings
A judicial officer in the Local Court; in New South Wales they are appointed by the Governor.	Magistrate
A judicial officer appointed to investigate deaths in unusual circumstances.	Coroner
A court hearing conducted by a coroner to help determine the manner and cause of death.	Coronal inquest
A system of law where two opposing sides present their cases to an impartial jury or judge.	Adversarial system
A system of law where two sides present their cases to a judge who directs the cases and can call for particular evidence.	Inquisitorial system
A NSW Police Force officer trained in prosecution, usually used to prosecute summary offences.	Police prosecutor
A legal practitioner employed by the Director of Public Prosecutions, usually used to prosecute indictable offences.	Public prosecutor
A public barrister who can appear for an accused in a serious criminal matter where legal aid has been granted.	Public defender
A subsidised legal service provided by the state for those on low incomes.	Legal aid
A formal statement of guilt or innocence by the accused.	Plea
An agreement between the DDP and the accused that involves the acceptance of a guilty plea, usually in exchange for something else.	Charge negotiation
In criminal matters, the responsibility of the prosecution to prove the case against the accused.	Burden of proof
The level of proof required for a party to succeed in court.	Standard of proof
The standard of proof required in a criminal case for a person to be found guilty.	Beyond reasonable doubt
A judgement that a person is not guilty of the crime with which they have been charged.	Acquittal
Mental incapacitation at the time of the act, meaning the accused cannot have formed the mens rea at the time of the offence.	Mental illness or insanity
An act that cannot be controlled or is not voluntary, such as an explicit fit.	Involuntary behaviour or automatism
The defendant acted under an honest and reasonable mistake and thus could not have formed the mens rea.	Mistake
The defence acted in defence of self, another or property; only accepted in limited circumstances and only for reasonable force.	Self-defence or necessity
Coercion or pressure used by one party to influence another party.	Duress
It is a complete defence for some crimes if the accused can show the victim freely consented to the act in question.	Consent
The defence where the defendant claims that their actions were a direct result of another person's actions, which caused them to lose control of their own actions.	Provocation
Also known as substantial impairment of responsibility, this defence is used when the accused is suffering from a mental impairment.	Diminished responsibility
When the legal team rejects a juror without needing to provide a specific reason.	Peremptory challenge
When the legal team rejects a juror because they believe that for some reason the juror will be prejudiced.	Challenge for cause
A hearing following a finding of guilt in which a magistrate or judge will determine the sentence to be given to the accused.	Sentencing hearing
Set by Parliament, this is the maximum sentence available to a court to impose for an offence; the maximum penalty is rarely handed down.	Maximum penalty
The power of a judge or magistrate to make a decision within a range of possibilities based on the particular circumstances of a case.	Judicial discretion
Removal of judicial discretion by legislation, by setting a minimum or mandatory sentence for a particular offence or type of offender.	Mandatory sentencing
Something that discourages or is intended to discourage someone from doing something.	Deterrent
A judgement issued by the court, on the application of the Attorney-General, that will set out sentencing guidelines for a particular offence.	Guideline judgement
Punishment against an individual offender aiming to deter them from committing crime in the future.	Specific deterrence
Punishment attempting to make an example of an offender in order to send a message to the rest of the community.	General deterrence
Punishment considered to be morally right or deserved because of the nature of the crime.	Retribution
An objective of sentencing designed to reform the offender so that they do not commit offences in the future.	Rehabilitation
Habitual or repeated acts of criminal behaviour after having undergone treatment or punishment to deter such behaviour.	Recidivism
Making an offender incapable of committing further offences by restricting their freedom.	Incapacitation
A circumstance that makes the offence more serious; it can lead to an increased sentence.	Aggravating factor
A circumstance that makes the offence less severe; it can lead to a reduced sentence.	Mitigating factor
A statement written by the victim or victim's family about the impact the crime has had on them, heard at the time of sentencing.	Victim impact statement
Excessive violence carried out without reason, cause or excuse.	Gratuitous violence
Deep regret or sorrow for one's wrongdoing.	Remorse
In an appeal case, the party who is making the appeal.	Appellant
An appeal where the appellant (the defendant) argues that they did not commit the offence of which they were found guilty.	Appeal against conviction
An appeal against the severity or leniency of a sentence.	Sentence appeal
A formal warning without charge issued by police for less serious offences.	Caution
A notice issued by the police outside of court alleging a criminal infringement and requiring payment of a fine.	Criminal infringement notice
A monetary penalty imposed for infringement of a law.	Fine
A specified unit of money in legislation to describe the fine payable: currently $110 in New South Wales.	Penalty unit
Assets (money or property) obtained by an offender through their criminal activities.	Proceeds of crime
(also known as forfeiture) loss of right to property or assets as a penalty for wrongdoing.	Forfeit
A compulsory condition imposed on an offender for a period of time, which the offender undertakes to comply with.	Bond
A type of good behaviour bond where the offender is released on condition of good behaviour but placed under some form of supervision, such as daily reporting to a probation officer.	Probation
A sentence of imprisonment imposed but suspended on condition of good behaviour.	Suspended sentence
A penalty where the offender is sentenced to serve specified hours of work in the community.	Community service order
Commonly known as a prison - an institution where offenders are held in custody for the period of their imprisonment.	Correctional centre
An imprisonment sentence where the offender is confined to their home under certain conditions of monitoring.	Home detention
A period of imprisonment during which parole cannot be granted.	Non-parole period
Release of a prisoner before the expiry of an imprisonment term, temporarily or permanently, on the promise of good behaviour.	Parole
An alternative to a custodial sentence where an offender has restricted movement and must attend a rehabilitation program.	Intensive Correction Order (ICO)
An alternative to the traditional court system that focuses on the rehabilitation of offenders.	Diversionary program
A form of sentencing for some adult Indigenous offenders where sentencing is conducted in a circle made up of local community members and a magistrate.	Circle sentencing
A form of sentencing involving a voluntary conference between the offender and the victim of the crime.	Restorative justice
Keeping a person in custody, even though they have not committed any offence, to recent some future harm that they may commit.	Preventative detention
Ongoing detention of a person who has already served the full sentence for their offence.	Continued detention
The area of law and policy concerned with young people and the criminal justice system.	Juvenile justice
A Latin term meaning 'incapable of wrong': the presumption that children under a certain age cannot be held legally responsible for their actions and so cannot be guilty of an offence.	Doli incapax
A legal presumption in favour of one party - it can be rebutted by the other party if they can show sufficient evidence to disprove it.	Rebuttable presumption
A legal presumption in favour of one party that is final and cannot be rebutted by the other party.	Conclusive presumption
The right of a person to refuse to answer any question put to the by the police.	Right to silence
A parent, guardian, friend or legal representative present at the police interview of a minor; the interview friend's role is to offer support and witness that statements are made voluntarily.	Interview friend
Where a young offender has acted like an adult in committing the offence, in terms of the seriousness of the offence and other factors surrounding the behaviour, such as premeditation.	Grave adult behaviour
A notice given to a young offender (usually for a first minor offence) that is recorded by police but with no conditions attached: the offender must be told of the nature, purpose and effect of the notice.	Warning
A formal, recorded alternative to prosecution where the young offender admits to the offence and consents to receiving a formal police .......: it can later be taken into account in the Children's Court, but not in an adult court.	Caution
The authority of an independent state to govern itself (for example, to make and apply laws: impose and collect taxes: make war and peace: and form treaties with foreign states).	State soveriegnty
A most serious crime, of concern to the international community as a whole, and recognised by the international community as requiring punishment.	Crime against the international community
Crime that occurs across international borders, either in origin or effect.	Transnational crime
A broad term covering any crime that is punishable by a state, but that has international origin or consequences, or a crime recognised by the international community as punishable.	International crime
The deliberate extermination of a national, ethnic, racial or religious group.	Genocide
Where a state claims a right to prosecute a person for actions committed in another state, based on the common international opinion that the alleged crime is so serious that normal laws of criminal jurisdiction do not apply.	Universal jurisdiction
An independent international court established by the Rome Statute in July 2002 to prosecute and try international crimes of the most serious nature.	International Criminal Court (ICC)
The international treaty that established the International Criminal Court (ICC)	Rome Statute/the Rome Statute of the International Criminal Court
Described in the Rome Statute as an act 'committed as part of a widespread or systematic attack directed against any civilian population'.	Crime against humanity
Action carried out during a time of war that violates accepted international rules of war.	War crime
A series of military tribunals that took place in Nuremberg, Germany after WWII (1945-1946); they were organised and run by the victorious Allied powers, and are famous for their prosecution of prominent leaders of defeated Nazi Germany for war crimes.	Nuremberg trials
Four treaties, with three extra protocols, that set the international law standards for the humane treatment of the victims of war, whether military or civilian.	Geneva Conventions
The commercial trade or trafficking in human beings for the purpose of some form of slavery, usually involving recruiting, transporting or obtaining a person by force, coercion or deceptive means.	Human trafficking
Australia's Commonwealth police force, established to uphold Commonwealth criminal law and to guard Australia's interests from crime both in Australia and internationally.	Australian Federal Police (AFP)
The activity of creating conditions for sustainable peace in countries affected by conflict, through the use of force, quite often provided by a number of countries and consisting of soldiers, civilian police and civilian personnel.	Peacekeeping
The legal surrender of a suspect or convicted criminal by one jurisdiction to another to face criminal charges or sentence.	Extradition
An agreement between two countries.	Bilateral agreement
The world's largest international police organisation, established in 1923 to facilitate collaboration among intelligence around the world.	International Criminal Police Organisation (INTERPOL)
A declaration of rights adopted by the UN in 1948: the first universal acceptance of the idea of human rights and the reference point of all subsequent human rights treaties. In 1948 the UDHR was hailed as being 'a Magna Carta for all humanity'.	Universal Declaration of Human Rights (UDHR)
In a general sense, basic rights and freedoms believed to belong to all human beings	Human rights
A right that cannot be taken away.	Inalienable right
The theory that certain laws come from an unchanging 'natural' body of moral principles that are the basis for all human conduct, and so have validity everywhere.	Natural law
The theory that laws are valid simply because they are enacted by authority or from existing decisions, and that moral considerations do not apply.	Positivism
A document signed in 1215 which recognised the principle that everyone, including the king, was subject to the law; 2015 was this historic document's 800th anniversary.	Magna Carta
A type of forced labour in which a person is considered to be the legal property of another.	Slavery
Slavery in order to pay off a loan with forced labour rather than money.	Debt slavery
The trading of African people by Europeans, who transported them as slaves from Africa to the colonies of the New World.	Transatlantic slave trade
A worldwide political movement that sought to abolish slavery.	Abolitionism
The rapid development of industry in the 18th and 19th centuries, characterised by changes in manufacturing, agriculture and transport.	Industrial Revolution
An organisation of workers created to preserve and further their rights and interests.	Trade union
An international agency of the UN, created with the aim of improving conditions for workers around the world.	International Labour Organisation (ILO)
Rights at works, including rights to safe working conditions, minimum wages, paid leave or to join a trade union.	Labour rights
The binding international treaty creating obligations on states to respect the economic, social and cultural rights of individuals.	International Covenant on Economic, Social and Cultural Rights (ICESCR)
The legal right to vote in a democratic election.	Suffrage
The right of all citizens to vote in political elections, regardless of status, gender, race or creed.	Universal suffrage
A supporter of women's rights to vote (or women's suffrage): the term was first used in Britain at the end of the 19th century.	Suffragette
Free and compulsory education for all children.	Universal education
The right of people to determine how they will be governed, or their political status based on territory or national grouping.	Self-determination
A right belonging to a group or a people, as opposed to an individual right.	Collective right
The right of citizens to expect their government to do all in its power to maintain peace and work towards elimination of war.	Right to peace
An independent non-profit group that often plays an important role in advocating, analysing and reporting on human rights worldwide.	Non-government organisation (NGO)
The freedoms for all people called for by US President Franklin Roosevelt in his 1941 State of the Union address: freedom of speech and conscience, and freedom from fear and want.	Four Freedoms
International statements, such as declarations, that do not create legal obligations upon states but do create pressure to act in accordance with them.	Soft law
Conventions and treaties that under international law create legally binding obligations.	Hard law
Actions and concepts that have developed over time to the extent that they are accepted by the international community and have become law.	International customary law
The binding international treaty creating obligations on states to respect the civil and political rights of individuals.	International Covenant on Civil and Political Rights (ICCPR)
The informal term collectively describing the UDHR, ICCPR and ICESCR combined.	International Bill of Rights
The process of a state formally approving a treaty, making it legally binding.	Ratify (ratification)
A government and the people it governs; a country.	State
A people that share a common heritage, language or culture and sometimes a common race.	Nation
Inactive since 1994 but originally responsible for overseeing the transition of UN trust territories to self-government after decolonisation.	Trusteeship Council
The UN organ representing all UN member states: acts as a forum for global discussion and runs numerous committees and programs.	UN General Assembly (UNGA)
The UN forum of member states responsible for overseeing and making recommendations on human rights in all member states.	UN Human Rights Council (UNHRC)
The UN organ responsible for preservation of international peace and security; has power to authorise military action and other measures.	UN Security Council (UNSC)
A decision passed by the UN General Assembly or Security Council; when passed by the Security Council it can be legally binding on all member states.	Resolution
The UN organ that acts as a forum for international economic and social cooperation and development.	Economic and Social Council (ECOSOC)
The UN administrative body headed by the UN Secretary-General; contains the departments and offices of the UN.	Secretariat
The UN human rights office responsible for monitoring and reporting on human rights worldwide.	Office of the High Commissioner for Human Rights (OHCHR)
The primary judicial organ of the UN: has jurisdiction to hear disputes submitted by member states and issue advisory opinions.

Created by: smartthinking

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