Essay about R V Bilal Skaf, Legal Studies Research Report

2785 Words Dec 4th, 2010 12 Pages
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
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He claimed the next day Ali told him that after leaving Bilal’s house, he had gone to Gosling Park in his van and had sex there with a girl in the company of friends. He relied on this alibi at trial.
Detective Walsh gave evidence that Ali Skaf was 180 cm tall, different from that of Skaf, and did not have a scar above his left eyebrow (which the complainant had described her assailant as having a scar above his left eyebrow). Ali Skaf’s statement stated he denied ever having gone to Gosling Park or ever had sex with a woman at this park, along with denying he had ever visited Bilal Skaf’s house that night or told him he had had sex with a woman at the park. It is important to add that on 7 December 2000 the complainant was shown a photo board which contained a photo of Ali Skaf. She did not identify anyone from that photo board.
His alibi was inconsistent with the evidence of Ali Skaf. Bilal Skaf told police he did not speak to his brother that night at all except to hand over the phone to Ali. Yet telephone records indicated five calls by Bilal Skaf to Mohammed Skaf that night. There was also evidence, contrary to what Bilal Skaf told police, that Ali Skaf did have a mobile phone and that each of them had their respective numbers stored in each other’s phones. Furthermore, the complainant’s description of the offender did not match Ali Skaf.
The jury’s verdict shows that it rejected

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