EXAM Flashcards
Sexual violation by rape
Section & Elements
Section 128 (1)(a) CA 1961
- A person
- Rapes
- Another person
Define ‘rape’
Penetration of persons genitalia by one’s penis
Without consent or without believing on reasonable grounds there was consent
Define ‘penetration’
Introduction to the slightest degree (proof by victim statement, defendant admissions and medical examination/evidence)
Define ‘genitalia’
Reproductive organs internal/external, including the vulva and labia both internal and external at the opening of the vagina.
Define ‘consent’
Consent
R v COX
“Full, voluntary, free and informed. Freely and voluntary given by a person to form rational judgement”
Define ‘incest’
Sexual connection with; parent, sibling, half-sibling or grandparent
Deception
Elements
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
HAYES v R (valuable consideration)
A valuable consideration is… “money or money’s worth”
Define ‘dishonestly’
“An act or omission done without a belief that there was express or implied consent to”
Define ‘claim of right’
The belief at the time of the act in a proprietary or possessory right in the property
HAYES v R (concept of attempt)
The concept of attempt relates to the use not to the ultimate obtaining of pecuniary advantage
Define ‘document’
(R v MISIC)
A document is a thing which provides evidence or information or serves as a record
R v MORLEY
Purposeful intent is necessary and must exist at the time of the deception.
‘Attempted’ requires what (3 things)?
S72 CA
- Intent
- Act
- Sufficiently Proximate
Abduction
Elements
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
R v CROSSAN
Taking away and detaining are “seperate and distinct offences”
What is the ‘Good Faith’ defence?
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
Define ‘airgun’
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
Define ‘duress’
Actual or implied threats of force, can include coercion or pressure
R v MOHI
The offence is committed at the time of taking away, so long as there is, at that moment, the necessary intent
R v PRYCE
Detaining is an active concept meaning to “keep in confinement of custody”, contrasted to the passive concept of ‘harbouring’.
