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Sandra is 28 years old and about to get married and Betty is her best friend who is planning her 'Hen's Night'. Sandra has told

Sandra is 28 years old and about to get married and Betty is her best friend who is planning her 'Hen's Night'. Sandra has told Betty that she does not want a stripper, but Betty thinks that Sandra is just being shy, so she goes ahead and arranges a stripper through an escort agency. The escort agency is running short of their usual workers and so sends Ed, who is new to sex work and sometimes strips and sometimes performs physical sexual services such as intercourse. The escort agency tells Ed that the bride is looking for a stripper and is keen to get a 'happy ending', which he understands to mean either oral or penile-vaginal sex.

On the Hen's Night Sandra gets quite drunk. By the time Ed arrives, Sandra is stumbling and slurring her words. Betty is also very drunk. Ed is sober. Upon seeing Ed, Betty leads Sandra to a chair and in the centre of the room and handcuffs her hands to it. Betty then takes Ed aside and tells him that Sandra has always had a secret kink for having sex in public, and this is her last chance before she's married. Ed grins and tells Betty, "I can help her out with that."

When Ed starts to dance and strip, Sandra cheers along. However, when Ed starts to give her a lap dance she becomes a bit uncomfortable. She tries to tell him to not come so close but between the alcohol, the loud music, and the cheering she can't seem to catch Ed's eye or make herself heard. She can't push him away because her hands are handcuffed. She is half smiling with embarrassment and half looking annoyed as she tries to pull her hands out of the handcuffs unsuccessfully.

Ed starts to touch Sandra's breasts and she freezes in shock and humiliation. Everyone else is cheering. Ed slides his hands up her legs under her skirt and touches her vagina with his fingers outside her underpants. At this point Sandra manages to yell that she wants Ed to stop and Ed realises she is distressed. He backs off and apologises. Betty uncuffs Sandra.

The next day, Sandra reports the incident to the police.

  1. Discuss whether Ed could be charged with the offences at Division 2 of Part VIA of the NTCC: [16 marks]

  1. Could Sandra also be criminally liable for a charge under Division 2 of Part VIA of the NTCC? Consider extensions of criminal responsibility in Part IIAA Division 4: [10 marks]

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