Flashcards in Practise Test A Deck (22)
If a male has sexual intercourse with his 18 year old home stay student is there any offence?
No offence committed (18 years and over is not an offence)
When is the offence of sexual grooming, section 131B(1)(a), CA 61 complete?
- When the offender intentionally meets the young persons
- When the offender travels with the intentional of meeting the young person
- When the offender arranges or persuades the young persons to travel with the intention of meeting him or her
When can a previous consistent statement be admitted?
As rebuttal evidence only
How far out must a prosecutor give the transcript to the defence before preliminary hearing or defended summary hearing
At least 7 days
A child under 12 years can give consent in rare and exceptional circumstances?
R V COX - Although we do not exclude the possibility that a child of ten or eleven may be able to give a full, voluntary, free and informed consent to sexual intercourse, the circumstances that would justify that conclusion would be exceptional if not rare.
What are three (3) types of ASAI complaints?
- Non acutre
What is the principle difference between rape and unlawful sexual connection?
"Rape" is a specific form of unlawful sexual connection that involves the penetration of the complainants genitalia by the offenders penis.
To be guilty of attempted sexual violation, what must the Crown prove?
The Crown must prove that at the time of the Defendant's conduct they:
- Tried to sexually violate the complaint, and
-The complainant did not consent to the intended sexual connection, and
-The defendant did not believe on reasonable grounds the the complainant was consenting.
In practice what is the best evidence that should be used as proof of a child's age
R V Forest and Forest - The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.
In practice, this generally involves producing the victims birth certificate in conjunction with independent evidence that identifies the victim as the person named in the certificate.
Ideally the independent evidence will be that of a parent, but that will not be always possible.
What is the purpose of a preliminary interview?
The purpose of a preliminary interview is necessary for investigators to gain a better understanding of what has occurred and to be determined.
- What further investigative actions are necessary
- Whether an offence may have occurred, and
- Whether the victim wishes to make a formal complaint.
A home stay student having sex with the father of the house on the premise that she could use the car whenever she liked.
(a) - no offence committed
(b) - Sexual violation by rape
(c) - Section 129 - sexual connection by coercion
Define sexual connection - section 2 CA 1961
a) connection effected by the introduction into the genitalia or anus of one person otherwise than for a genuine medical purpose of:
(i) a part of the body of another person
(ii) any object held or manipulated by another person; or
(b) a connection between the mouth or tongue of one person and part of another person's genitalia or anus; or
(c) the continuation of a connection of a kind as described in paragraph a or paragraph b
Define unlawful sexual connection s2
Person 'A' has unlawful sexual connection with person 'B'
(i) with person "B's" consent to the connection
(ii) without believing on reasonable grounds that person 'B' was consenting to the connection
Statutory Defence - Section 134A CA 61 What is the defendant
It is a defence to a charge under section 134 if the person charged proved that, -
a) before the time of the act concerned, he/she had taken reasonable steps to find out whether the young person concerned was of or over the age of 16; and
b) at the time of the act concerned, he/she believed on reasonable grounds that the young person was of or over that age of 16 ears; and
c) the young person consented
Discuss whether a 16 year old girl can be charged with having consensual sex with a 14 year old boy?
Yes the girl can be charged as it is the offence of sexual conduct with a young person under 16 years old. Section 134(1) CA 61
Name three circumstacnes where Police would remove a child from a household:
In cases involving;
- Serious wilful neglect
- Serious physical abuse
- Sexual assault
S195A CA 61, What is necessary to prove criminal liability in failing to protect a child
The offence applies to;
- members of the same household of the victim
- People who are staff members of any hospital, institution or residence where the victim resides
Criminal liability will arise if such a person has frequent contact with a child (or vulnerable adult) and:
KNOWS (mens rea) the victim is at risk of death, GBH or sexual assault as a result of the acts or omissions of another person; and
FAIL (actus reus) to take reasonable steps to protect the victim from that risk
In what other ways can a witness give evidence?
- While in the courtroom but unable to see the defendant or some other specified person (screens) or
-from an appropriate place outside the courtroom, either in New Zealand or elsewhere; (CCTV) or
- by a video record made before the hearing of the proceedings (DVD recording)
Before attending a Medical examination, what should you explain to a victim
- That the examination will be conducted by a medical forensic practitioner specially trained in examining victims of sexual assault
-The benefits of a full medical forensic examination including;
potential benefit to their physical, sexual and mental health.
How the examination can help Police obtain evidence to apprehend the offender.
-The expected time frame for the examination and, if appropriate, possible outcomes of the examination.
Ask the victim if they have any concerns about the gender of the practitioner conducting the examination and advise that you will do your best to accommodate their wishes.
What are the three areas to consider in determining whether physical abuse is serious and therefore meets the threshold for referral as a CPP case
- the action of the abuse
- the injury inflicted, and
- the circumstances (factors of the case)
Define R V COX
Consent must be full, voluntary, free and informed. Freely and voluntarily given by a person who is in a position to form rational judgement.