The situation here arises of the facts that acknowledges the circumstances which led to the happening of sexual intercourse in between Liam and Hollie. As being said in the situation, Hollie , Ben and Liam had been consuming alcohol and were partying.
As we look in to matter, Liam and Hollie both were intoxicated and were not conscious while doing those certain acts. They both did not know about the circumstances and wrongly acknowledged the identity of each other. They both were ascertained that they were having sexual intercourse with their partners.
Section 54 of the act states that the any person who has attempted or done certain acts or omissions with a knowledge or intention to have sexual intercourse with the other person, would be considered liable and the maximum penalty for those certain acts would be charged as 14 years of imprisonment.
But here in these circumstances, Liam would not be proven guilty as he was unknown of the fact that Hollie was in the bed instead of his girlfriend Sarah. He was mistaken by the identity due to the intoxication and consumption of the alcohol. Even though, Hollie was also not aware of the facts that Ben has keft and Liam has been with her during the time of sexual inytercourse.
They both unconsciously agreed and gave consent for the sexual intercourse, hence this makes Liam free of the Criminal charges that may have been imposed on him for the sexual assault or rape on Hollie.
The fight which occurred in between him and hollie’s brother would definitely be considered and charged under the criminal liability for Affray. Section 72 says An affray is said be to be occurred when Any person who takes part in a fight in a public place, or takes part in a fight of such a nature as to alarm the public in any other place to which the public have access, commits a misdemeanor.
They both would be liable and charged for committing such nuisance in the public area and thus initiating a fight between each other. The use of force and attempt to threat to have an undue influence on the other person, create a crimihnal charge over the person who does it.
The Penalty for doing such acts – imprisonment for 1 year.
A person will be guilty of affray if he or she threatens unlawful violence towards another and his or her conduct is such as would cause a person of reasonable firmness present at the scene to fear for his or her personal safety (Colosimo and Ors v Director of Public Prosecutions (NSW) )
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