EXAM

Question 1

Sexual violation by rape
Section & Elements

Answer 1

Section 128 (1)(a) CA 1961
- A person
- Rapes
- Another person

Question 2

Define ‘rape’

Answer 2

Penetration of persons genitalia by one’s penis
Without consent or without believing on reasonable grounds there was consent

Question 3

Define ‘penetration’

Answer 3

Introduction to the slightest degree (proof by victim statement, defendant admissions and medical examination/evidence)

Question 4

Define ‘genitalia’

Answer 4

Reproductive organs internal/external, including the vulva and labia both internal and external at the opening of the vagina.

Question 5

Define ‘consent’

Answer 5

Consent
R v COX
“Full, voluntary, free and informed. Freely and voluntary given by a person to form rational judgement”

Question 6

Define ‘incest’

Answer 6

Sexual connection with; parent, sibling, half-sibling or grandparent

Question 7

Deception
Elements

Answer 7

S. 228(1)(b) CA 1961
- dishonestly
- without claim of right
- uses or attempts to use
- any document
- with intent to obtain any
• property
• service
• pecuniary advantage
• valuable consideration

Question 8

HAYES v R (valuable consideration)

Answer 8

A valuable consideration is… “money or money’s worth”

Question 9

Define ‘dishonestly’

Answer 9

“An act or omission done without a belief that there was express or implied consent to”

Question 10

Define ‘claim of right’

Answer 10

The belief at the time of the act in a proprietary or possessory right in the property

Question 11

HAYES v R (concept of attempt)

Answer 11

The concept of attempt relates to the use not to the ultimate obtaining of pecuniary advantage

Question 12

Define ‘document’
(R v MISIC)

Answer 12

A document is a thing which provides evidence or information or serves as a record

Question 13

R v MORLEY

Answer 13

Purposeful intent is necessary and must exist at the time of the deception.

Question 14

‘Attempted’ requires what (3 things)?

Answer 14

S72 CA
- Intent
- Act
- Sufficiently Proximate

Question 15

Abduction
Elements

Answer 15

Section 208 CA 1961
- unlawfully
- takes away/detains
- any person
- without consent or with consent obtained by fraud or duress
- with intent to
• go through a form of marriage/civil Union
• have sexual connection with the person
• cause the person to go through a form of marriage or civil Union/have sexual connection with some other person

Question 16

R v CROSSAN

Answer 16

Taking away and detaining are “seperate and distinct offences”

Question 17

What is the ‘Good Faith’ defence?

Answer 17

S210A CA
A person who claims in good faith a right to the possession of a young person cannot be convicted because they get possession of the young person

Question 18

Define ‘airgun’

Answer 18

Any weapon from which by the use of gas or compressed air (not by explosive) any shot, bullet, missile or other projectile can be discharged

Question 19

Define ‘duress’

Answer 19

Actual or implied threats of force, can include coercion or pressure

Question 20

R v MOHI

Answer 20

The offence is committed at the time of taking away, so long as there is, at that moment, the necessary intent

Question 21

R v PRYCE

Answer 21

Detaining is an active concept meaning to “keep in confinement of custody”, contrasted to the passive concept of ‘harbouring’.