LLB106 Lecture Notes - Lecture 8: Moral Turpitude, Sexual Assault, Carnal Knowledge
Document Summary
Question of fact for jury: a sexual connotation is required, judge according to contemporary community standards. Narrow/strict definition: moral turpitude or acting in a base or shameful manner : bryant, adopted in mcbride [2008] qca 412. Wider/less strict definition: unbecoming or offensive to common propriety - Previously s337(4) definition = knowingly entice or recruit for the purpose of. Assault with intent to commit rape: s351. Unlawful sodomy with a person under 18 or intellectually impaired: s208. Unlawful carnal knowledge of children under 16: s215. Using electronic communication to procure children under 16 to engage in a sexual act: s218a. Code does not rely on the common law doctrine of mens rea ( guilty mind ) Excuse = accused raises some evidence but prosecution must negative/disprove excuse beyond reasonable doubt. Defence = accused has to prove the defence on balance of probabilities. Complete vs partial relief from criminal responsibility.
