Legal Studies Hsc

1.1 Elements of the offence
The respondent, Jeffrey John Hillsley, charged with an indictment containing six counts which are murder of the deceased and the aggravated sexual assault of his ten year old stepdaughter, the circumstances of aggravation being her age and threats to inflict actual bodily harm with a knife, the kidnapping of the same child with the intention of having sexual intercourse with her and a further aggravated sexual assault upon the child, the circumstance of aggravation being her age. The offence of murder carries a maximum sentence of imprisonment for life. Those of aggravated sexual assault carry maximum sentences of twenty years’ imprisonment whilst the kidnapping charge carries a maximum sentence of fourteen years’ imprisonment.

1.2 Factors leading to criminal behaviour
The respondent Jeffery John Hillsley was angered by the deceased as he had not being paid enough for the work he had done for the victim. The victim perhaps aggravated Hillsley even more by “getting into his personal life” that he had shown no respect for Hillsley’s friend through insulting him. Hillsley’s motivation was to revenge for the alleged wrongs of the deceased and to punish him with the knowledge that his daughter had been sexually assaulted so the deceased can endure the pain and anguish. He also committed the crime for his own sexual fulfilment as he could gain unimpeded access to his stepdaughter.    
Factors that contributed to the criminal behaviour are economic factors as the accused Hillsley had not been paid money for the work he done for the deceased, self-interest as the accused committed the crime because he was angered that the deceased have no respect for Hillsley’s friend, he also committed the aggravated sexual assault out of self-interest. The judge took into consideration of the psychological factors that may have affected the criminal behaviour.

When he was arrested the respondent said about the deceased, “He was harassing me, I...