Sexual conduct with child under 12 Flashcards by Sione Winga

Q

Sexual conduct with child under 12 Section 132(3) CA 1961
Elements

A

Section 132(3) CA 1961

A person
Does indecent act on
A child

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Q

A person
(Offender)

A

Person
JN CE – Gender neutral

(Refer to Offender in the Scenario)

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Q

Does indecent act on

A

Indecent act
- Does indecent act on another
- Permits person to do indecent act on them

Court – Conduct that right-thinking people will consider an affront to the sexual modesty of complainant.

Dunn – Indecency must be judged in light of the time, place and circumstances.

RTS

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Q

A child

A

Child
Under 12 years old – Gender neutral.

Forest and Forest – Best possible evidence adduced from age.

RTS

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