Criminal Trial Courts Bench Book
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Sexual assault offences
Indecent assault
[5-600]
Introduction
[5-610]
Suggested direction — s 61L (no aggravating circumstances alleged)
[5-620]
Notes — basic offence of indecent assault — essential ingredients
[5-630]
Suggested direction — s 61M (aggravating circumstances alleged)
[5-640]
Notes — aggravated indecent assault under s 61M
[5-650]
Proceedings in respect of prescribed sexual offences
[5-660]
Suggested direction — where the jury is not satisfied that the accused is guilty of the s 61M offence charged, but is satisfied on the evidence that the accused is guilty of an offence under s 61L
Maintain unlawful sexual relationship with a child
[5-700]
Introduction
[5-710]
Suggested procedure before empanelling jury and formally arraigning accused
[5-720]
Suggested direction — maintain unlawful sexual relationship with child
[5-730]
Notes
Sexual intercourse without consent — until 31 May 2022
[5-800]
Suggested direction — sexual intercourse without consent (s 61I) for offences committed before 1 January 2008
[5-810]
Notes
[5-820]
Suggested direction — sexual intercourse without consent (s 61I) where alleged offence committed on or after 1 January 2008 and before 1 June 2022
[5-830]
Notes
[5-840]
Suggested direction — s 61J circumstance(s) of aggravation
[5-850]
Notes
Sexual intercourse without consent — from 1 June 2022
[5-900]
Introduction
[5-910]
Suggested direction — basic offence — sexual intercourse without consent (s 61I) — offences from 1 June 2022
[5-920]
Notes related to consent
Sexual intercourse — cognitive impairment
[5-1000]
Introduction
[5-1010]
Prescribed sexual offences
[5-1020]
Suggested direction — s 66F(2)
[5-1030]
Suggested direction — s 66F(3)
[5-1040]
Sexual intercourse — intellectual disability (offences under s 66F committed prior to 1 December 2008)
[5-1050]
Suggested direction — s 66F(2) (offence committed prior to 1 December 2008)
[5-1060]
Suggested direction — s 66F(3) (offence committed prior to 1 December 2008)
[5-1070]
Notes
Sexual touching
[5-1100]
Introduction
[5-1110]
Suggested direction — basic offence (s 61KC) — until 31 May 2022
[5-1115]
Suggested direction — basic offence (s 61KC) — from 1 June 2022
[5-1120]
Notes
[5-1130]
Suggested direction — aggravated offence (s 61KD)
[5-1140]
Notes — aggravated sexual touching — under s 61KD
[5-1150]
Suggested direction — sexually touching a child under 10 (s 66DA)
[5-1160]
Notes — sexual touching of a child
[5-1170]
Notes — incitement offences
Sexual act
[5-1200]
Introduction
[5-1210]
Suggested direction — basic offence (s 61KE) — until 31 May 2022
[5-1220]
Suggested direction — basic offence (s 61KE) — from 1 June 2022
[5-1230]
Notes
[5-1240]
Suggested direction — aggravated offence (s 61KF)
[5-1250]
Notes — aggravated sexual act — under s 61KF
[5-1260]
Suggested direction — sexual act involving a child under 10 (s 66DC)
[5-1270]
Notes — sexual act involving a child
[5-1280]
Suggested direction — sexual act involving a child which is filmed (s 66DF)
[5-1290]
Notes — incitement offences