Office Use Only

Monash University

Semester 2, 2013
Examination Period

EXAM CODES: LAW3302

TITLE OF PAPER: Criminal Law B

EXAM DURATION: 2 hours writing time if optional assignment submitted

OR
3 hours writing time if optional assignment NOT submitted

READING TIME: 30 minutes settling/reading and noting time

THIS PAPER IS FOR STUDENTS STUDYING AT: (tick where applicable)

o Berwick Clayton o Malaysia o Off Campus Learning o Open Learning
o Caulfield o Gippsland o Peninsula o Enhancement Studies o Sth Africa
o Pharmacy o Other (specify)

During an exam, you must not have in your possession, a book, notes, paper, electronic device/s,
calculator, pencil case, mobile phone or other material/item which has not been authorised for the
exam or specifically permitted as noted below. Any material or item on your desk, chair or person
will be deemed to be in your possession. You are reminded that possession of unauthorised materials
in an exam is a discipline offence under Monash Statute 4.1.

No examination papers are to be removed from the room.

AUTHORISED MATERIALS

CALCULATORS o YES NO

OPEN BOOK YES NO

SPECIFICALLY PERMITTED ITEMS o YES NO

if yes, items permitted are:

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INSTRUCTIONS TO CANDIDATES

1. The duration of the exam allows time for you to plan your answers, and you are strongly
encouraged to do so.
2. The standard of expression, spelling, punctuation and grammar will be taken into account in
the assessment of your answers in this examination. Please note that it is your responsibility to
ensure that your handwriting is legible.
3. Write your student ID number (but not your name), your lecturers name and stream on the
cover of each answer booklet used
Stream 1 Lansdell
Stream 2 Fitzgerald
Stream 3 Fitzgerald
Stream 4 Kessel
4. This examination paper consists of two parts, Part A and Part B.
5. Part A contains 1 question consisting of 4 sub-questions and is worth 60 marks. ALL
candidates are required to answer Part A. This Part is worth 60% of the final mark in this unit.
6. Students who did not complete the optional assignment are required to answer Part B. This
Part is worth 30% of the final mark in this unit.
7. Part B contains 3 questions. Student required to answer Part B must answer ONE question
from this Part

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PART A: ALL CANDIDATES MUST ANSWER THIS PART (60 Marks)
It is schoolies week and many young people are out celebrating the end of the school year.
Vanessa, with her friend Angela, are partying at the Victorian coastal town of Torquay. Vanessa
has just turned 18 while Angela is still 17. Both have been drinking heavily and are now hoping to
take some drugs. They spot two Toolies, Steve and Darren, both in their 20s and looking to pick-
up young girls.

Vanessa approaches Steve and asks if he has any ecstasy.1 No, but my mate does. Steve runs
over to his friend and swaps some alcohol for the drugs. He comes back with four tablets2, placing
one of the tablets in Vanessas mouth before taking one himself, and handing one each to Darren
and Angela.

Now strongly affected by the drugs and alcohol, Vanessa and Angela invite Steve and Darren back
to their hotel room. On the way, they decide to get some more alcohol. As they enter the bottle
shop, they pass a large sign warning Shoplifters not welcome. You will be prosecuted! Once
inside the shop, Vanessa goes to purchase a bottle of vodka. She has left her licence at home, and
uses Angelas fake ID when asked for proof of age. The girls then leave the shop and wait outside
with Steve but Darren, still inside, approaches a woman who is offering small samples of wine.
Bypassing the proffered sample cup, he exclaims Unbelievable. Free booze!, before drinking the
rest of the open bottle of wine. While he is drinking, the woman says Stop that now! but Darren
becomes aggressive and breaks the bottle on the table and holds out a serrated section of the
bottle to her saying: Keep away from me you bitch or youll get whats coming to you. The
woman steps away from him holding her hands up which enables Darren to run out of the bottle
shop.

Once they get back to the hotel room, they put some music on and start dancing. Steve tells
Angela how sexy she looks and starts filming her with his mobile phone. He then suggests that she
should start stripping. At first she is reluctant, but he offers her more drugs if she does. Angela then
proceeds to take off her clothes, followed by Vanessa who yells this is awesome. We can do
whatever we want! Overcome by the combined effect of the drugs and alcohol, Vanessa collapses
on the bed. Steve directs his filming to Vanessa and tells Darren to make a move. You heard her.
She said we can do anything! You reckon? Darren replied. Steve said, Shes clearly up for it.
Isnt that right Ness? Vanessa mumbled incoherently in response. Darren lay down beside her and
digitally penetrated her vagina while Steve filmed. Darren then tried to put his penis in her mouth
but her mouth remained closed.

Angela and Vanessa remembered little of the evening, until Steves video was posted on his
Toolies Trophy Page on Facebook.

1
Ecstasy is the common name for 3,4-Methylenedioxy-N-Methylamphetamine (MDMA), a drug of
dependence under the Drugs Poisons and Controlled Substances Act 1991 (Vic).
2
The four tablets weigh more than the traffickable quantity for MDMA which is 3g.
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Under s 70AC Crimes Act 1958 (Vic) A person must not-

(a) invite a minor to be in any way concerned in a sexual performance; or

(b) procure a minor for the purpose of being in any way concerned in a
sexual performance; or

(c) cause a minor to be in any way concerned in a sexual performance; or

(d) offer a minor to be in any way concerned in a sexual performance-

in circumstances where there is payment or reward to the minor or to any other

person in respect of the performance.

Penalty: Level 5 imprisonment (10 years maximum).

Under s 70AB Crimes Act 1958 (Vic) minor means a person under the age of 18 years. Sexual
Performance means a live performance that is, or could reasonably be considered to be, for the
sexual arousal or sexual gratification of any person.

S 49 of the Crimes Act 1958 (Vic) provides that a person must not wilfully commit, or wilfully be in
any way a party to the commission of, an indecent act with or in the presence of a 16 or 17 year
old child to whom he or she is not married and who is under his or her care, supervision or
authority.

Penalty: Level 6 imprisonment (5 years maximum).

Discuss the criminal liability of:

(a) Steve in relation to the drugs (10 Marks)

(b) Vanessa and Darren in relation to the incidents in the bottle shop (20 Marks)

(c) Darren and Steve in relation to the sexual conduct with Vanessa (20 Marks)

(d) Steve under s 70AC Crimes Act (10 Marks)

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PART B: ONLY STUDENTS WHO DID NOT SUBMIT THE OPTIONAL ASSIGNMENT MUST
ANSWER THIS PART 30 Marks

Answer ONE of the following questions.

1. "Reforms to the law of rape in Victoria over the last decade were intended to make the
prosecution of offenders easier. However, the effect of successive reforms to rape trial
procedure, including jury directions, has been the opposite." Discuss

OR

2. "Mistaken beliefs should not be the only ground of excuse when a person is charged with a
strict liability offence. These crimes are essentially regulatory, and where a person has taken
all reasonable steps to comply with the regulations, this should be a defence." Discuss.

OR

3. Experience has shown that joint criminal enterprises only too readily escalate into the
commission of greater offences. In order to deal with this important social problem, the
accessorial principle cannot be abolished or relaxed. Discuss

END OF EXAM

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