Sentencing "gang rapists": The Crimes Amendment (Aggravated Sexual Assault in Company) Bill 2001

1 Oct 2001

The focus of this paper is on the legislative and political background to the Crimes Amendment (Aggravated Sexual Assault in Company) Bill 2001. It looks first at the present legal position and the historical background to the relevant provisions in the Crimes Act.

The decision in Regina v AEM (jnr) & AEM (snr) & KEM is then outlined and the main responses to it set out. Next, the relevant case law and available statistical information is considered. A brief discussion of guideline judgments follows, including an summary of the relevant approach taken in England and Wales where a guideline judgment on rape was issued in 1986 by the English Court of Appeal (Criminal Division) in R v Billam. The paper ends with a section on sentencing juveniles.

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