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R V Bilal Skaf, Legal Studies Research Report

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R V Bilal Skaf, Legal Studies Research Report
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 MOHAMMED Skaf. In addition, I will be concentrating on the events which the charges were given rise to on 12 August 2000 and as opposed to 2 separate cases rape cases which Bilal Skaf was also a belligerent for the month of August 2000. I will also be mentioning the recent appeal case in 2008 which reduced the sentences given for the crimes in 2006.

R v Bilal SKAF
Legal citation of the case: Regina v Bilal Skaf; Regina v Mohammed Skaf [2006] NSWSC 394, 28 July 2006 AND amendment to this decision with the appeal: R v Skaf & Skaf [2008] NSWCCA 303, 17 December 2008
Outline the elements of the offence
In terms of Actus Reus of committing the guilty and physical act of the crime, Bilal Skaf has been charged with aggravated sexual assault without consent and aggravated sexual intercourse without consent. For the first offence the outline of the occurrence of events are as follows:
On August 12, 2000 a 16-year-old girl accepted an offer from Mohammed Skaf to be driven to the city and picked up from her home, Mohammed Skaf had known the complainant for some time, although he had never told her his correct name: she knew him as ‘Sam’. She was then taken to Greenacre's Gosling Park where in which Bilal Skaf was the principal assailant in the attack. He dragged the girl out of the car with the help of several men as she cried and screamed; he then proceeded to have sexual intercourse with her whilst she was being held down.
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. This constitutes the second offence charged against Bilal Skaf as being there as an aider and abettor.
The first offence attracted a lengthier sentence than the second offence, in which his liability was accessorial rather than


Bibliography: SAMANTHA WILLIAMS.  (2005, September 18). Leniency for rapists -- where 's the justice :[2 State Main Country Edition]. The Sunday Mail,p. 53.  Retrieved December 4, 2010, from ProQuest ANZ Newsstand. (Document ID: 897803791). SAMANTHA WILLIAMS.  (2005, September 17). Scales of injustice making the victims pay :[1 State Edition]. The Daily Telegraph,p. 23.  Retrieved December 5, 2010, from ProQuest ANZ Newsstand. (Document ID: 897418531). Cindy Wockner.  (2010, July 3). We can 't forget and we 'll never forgive men who stole our innocence - Skaf gang rapes -- 10 years on. The Daily Telegraph,13.  Retrieved December 5, 2010, from ProQuest ANZ Newsstand. (Document ID: 2071800311). Shame on system not the victim :[2 Extended Metro Edition]. (2005, February 4). The Daily Telegraph,p. 32.  Retrieved December 8, 2010, from ProQuest ANZ Newsstand. (Document ID: 788531171). NSW: Timeline of crimes and trials of Bilal Skaf. (28  July). AAP General News Wire,1.  Retrieved December 9, 2010, from Academic Research Library. (Document ID: 1084718171).
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