sexual offences +homocide week 6

Question 1

what are the 3 definitional elements of sexual assault?

Answer 1

1. Victim did not consent
2. defendant did not reasonably believe that the victim consented
3. the act must be sexual

Question 2

define consent

Answer 2

a person consents when he/she agrees by choice and has the freedom + capacity to make that choice

Question 3

what act removed the element of consent from many offences?

Answer 3

sexual offences act 2003

Question 4

what are sections 1-4 of the sexual offences act 2003?

Answer 4

s1: rape
s2: assault by penetration
s3: sexual assault
s4: causing a person to engage in sexual activity without consent

Question 5

define rape

Answer 5

intentional penetration by penis of a vagina,anus or mouth

Question 6

what type of offence is rape?

Answer 6

indictable only-life imprisonment

Question 7

what is assault by penetration?

Answer 7

intentional penetration of the vagina,anus with part of the body of anything else

Question 8

what type of offence is assault by penetration?

Answer 8

indictable only- life imprisonment

Question 9

what is sexual assault?

Answer 9

intentional sexual touching

Question 10

what is the max sentence for sexual assault?

Answer 10

10 years

Question 11

define causing sexual activity without consent

Answer 11

intentionally engaging another in sexual activity

Question 12

what type of offence is causing sexual activity without consent

Answer 12

indictable life imprisonment if penetration- 10 years otherwise

Question 13

for child victims under 13 what is removed? also what is needed to prove offence?

Answer 13

consent is removed
proof of age and proof of act is required

Question 14

in section 9 of the sexual offences act what is different in proving a sexual offence with victims under 16 and victims under 13

Answer 14

for victims over 13 and under 16 the prosecution must prove the defendant did not reasonably believe that he/she was 16 or over

Question 15

what is section 10 of the sexual offences act 2003?

Answer 15

causing/inciting a child to engage in sexual activity

Question 16

what is section 11 of the sexual offences act 2003?

Answer 16

sexual activity in presence of a child

Question 17

what is section 12 of the sexual offences act 2003?

Answer 17

causing a child to watch a sexual act

Question 18

what is section 13 of the sexual offences act 2003?

Answer 18

applies where the accused is under 18 and their will be a reduction in penalty for section 10-12

Question 19

what is section 14 of the sexual offences act 2003?

Answer 19

intentionally arranging or facilitating the commission of child sex offences for self or other (in any part of the world)

Question 20

what is section 15 of the sexual offences act 2003?

Answer 20

meeting a child following sexual grooming with the intent to commit sexual offences (in any part of the world)

Question 21

what is section 25 of the sexual offences act 2003?

Answer 21

it is an offence for a person to intentionally touch a family member aged under 18 where the touching is sexual

Question 22

under section 25 of the sexual offences act(familial child sex offences) is consent relevant and what is the one requirement?

Answer 22

consent=irrelvant
defendent must know or be in a position where he would reasonably be expected to know that the child is a family member

Question 23

what is section 26 of the sexual offences act 2003?

Answer 23

offence for a person to intentionally incite a child family member aged under 18 to either touch or allow himself to be touched where the touching is sexual

Question 24

what are sections 30-33 of the sexual offences act?

Answer 24

sexual activity with persons with a mental disorder impeding choice

Question 25

what are sections 34-37 of the sexual offences act?

Answer 25

inducements,threats or deception of persons with mental disorder

Question 26

what are sections 38-44 of the sexual offences act?

Answer 26

care workers for persons with mental disorder

Question 27

what is the year and a day rule?

Answer 27

common law rule that was abolished states that if more then a year and a day passed between act act/omission and a persons death then the act/omission was not presumed to cause the death

Question 28

what the mens rea element of murder?

Answer 28

is the intention to kill or cause GBH

Question 29

what are the 3 partial defences for murder?

Answer 29

1. diminished responsibility 2. loss of self control 3. suicide pact

Question 30

what is diminished responsibility?

Answer 30

functioning of mental capacity was substantially impaired due to a medical condition

Question 31

what are the 3 elements of loss of control?

Answer 31

1. loss of self-control 2.loss of control has to be the qualifying trigger 3. the objective test

Question 32

what is the objective test for loss of control?

Answer 32

the jury must be persuaded that an ordinary person of the same age and sex as the defendent with a normal degree of tolerance and self-restraint would have killed as the defendent did

Question 33

what are the 3 types of involuntary manslaughter?

Answer 33

1. reckless manslaughter 2. unlawful act manslaughter 3. gross negligence manslaughter

Question 34

what is unlawful act manslaughter?

Answer 34

liability for manslaughter is constructed/built up from a baseline of another crime

Question 35

what are the 4 definitional elements of manslaughter?

Answer 35

1. an act must be committed by the defendent 2. the act must be unlawful 3. act must be dangerous 4. act must cause victims death

Question 36

what is the case of DPP v Newbury (unlawful act manslaughter)

Answer 36

2x 15-year-old boys pushed a paving stone over a bridge into the path of an oncoming train that killed the guard

Question 37

for unlawful act manslaughter what do the prosecution need to prove?

Answer 37

1. act must be intentional 2. that the base crime has been committed and the mens rea+actus rea of the base crime 3. defendents unlawful act caused the victim to die

Question 38

what is the case of R v Adomako?(gross negligence manslaughter)

Answer 38

defendant failed to notice when a patient's tube became disocnnected from a ventilator resulting in the patient suffering a cardiac arrest +dying

Question 39

what are the 5 definitional elements of gross negligence manslaughter?

Answer 39

1. D owes V a duty of care 2. D breaches that duty 3. breach involves an obvious risk of death 4. breach causes the death 5. does the jury find the breach serious enough to be a crime