General Flashcards
When applying a case law to a module or DDC answer, what are you required to cite?
You are only required to cite the name (i.e. R v Koroheke) and what was held.
Is there a requirement to cite the information after the name?
There is no requirement to cite the information after the name.
What is TAUTUHI?
TAUTUHI is a case summary outlining what was held in various cases.
Define “Consent”
Consent must be ‘full, voluntary, free and informed’ means that it must be freely and voluntarily given by a person in a position to form a rational judgment.
Under the objective test, what must the Crown prove in relation to consent?
Under the objective test the Crown must prove that ‘no reasonable person in the accused’s shoes could have thought that [the complainant] was consenting’.
What is the best evidence that should be adduced by the prosecution in proof of the victim’s age?
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victim’s age.
How is ‘indecency’ defined?
Indecency means ‘conduct that right-thinking people will consider an affront to the sexual modesty of [the complainant]’.
How should ‘indecency’ be judged?
Indecency must be judged in light of the time, place and circumstances. It must be something more than trifling, and be sufficient to ‘warrant the sanction of the law’.
What is the definition of ‘indecent assault’?
The definition of ‘indecent assault’ is an assault accompanied with circumstances of indecency.
If a person charged with indecent assault honestly believed the complainant was consenting, what is the outcome?
If a person charged with indecent assault honestly believed the complainant was consenting, they are entitled to be acquitted even though the grounds of their belief were unreasonable.
What can circumstantial evidence for an offender’s intent include?
Circumstantial evidence for an offender’s intent may include: the offender’s actions and words before, during and after the event, the surrounding circumstances, and the nature of the act itself.
What does ‘grievous bodily harm’ mean?
‘Bodily harm’ needs no explanation and ‘grievous’ means no more and no less than ‘really serious’.
Caselaw: R v Koroheke
Application: Genatalia
Held: The genitalia comprise the reproduction organs, interior and exterior … they include the vulva [and] the labia, both interior and exterior, at the opening of the vagina.
Caselaw: R v Cox
Application: Consent
Consent must be “full, voluntary, free and informed consent… freely and voluntarily given by a person in a position to form a rational judgement.
Caselaw: R v GUTUAMA
Application: Consent
Under the objective test the crown must prove that “no reasonable person in the accussed’s shoes could have thought that [the complainant] was consenting.
Section 128, Crimes Act 1961
Sexual Violation - defined
(1) Sexual violation is the act of a person who —
(a) rapes another person; or
(b) has unlawful sexual connection with another person.
Sexual Violation by Rape
(Section, Act, Elements)
Section 128(1)(a), Crimes Act 1961
* A person
* Rapes
* Another Person
Sexual Violation by Unlawful Sexual Connection
(Section, Act, Elements)
Section 128(1)(b)
* A person
* Has unlawful sexual connection
* With another person
Section 129, Crimes Act 1961
Attempted Sexual Violation and Assault with Intent to Commit Sexual Violation
(Defined)
(1) Every one who attempts to commit sexual violation is liable to imprisonment for a term not exceeding 10 years
(2) Every one who assaults another person with intent to commit sexual violation of the other person is liable to imprisonment for a term not exceeding 10 years
Section 129, Crimes Act 1961
Attempted Sexual Violation and Assault with Intent to Commit Sexual Violation
(Defined)
(1) Every one who attempts to commit sexual violation is liable to imprisonment for a term not exceeding 10 years
(2) Every one who assaults another person with intent to commit sexual violation of the other person is liable to imprisonment for a term not exceeding 10 years
Assault with Intent to Commit Sexual Violation
(Section, Act, Penalty, Elements)
Section 192(2), Crimes Act 1961 - 10 years imprisonment
* A person
* Assaults
* Another person
* With intent to commit sexual violation of the other person
Section 132, Crimes Act 1961
Sexual Conduct with child under 12
(Defined)
(1) Every one who has sexual connection with a child is liable to imprisonment for a term not exceeding 14 years
(2) Every one who attempts to have sexual connection with a child is liable to imprisonment for a term not exceeding 10 years
(3) Every one who does an indecent act on a child is liable to imprisonment for a term not exceeding 10 years
Sexual Conduct with a Child under 12
(Section, Act, Elements)
Section 132, Crimes Act 1961
* A person
(1) has sexual connection with a child
(2) attempts to have sexual connection with a child
(3) does an indecent act on a child
Section 134, Crimes Act 1961
Sexual conduct with young person under 16
(Defined)
(1) Every one who has sexual connection with a young person is liable to imprisonment for a term not exceeding 10 years
(2) Every one who attempts to have sexual connection with a young person is liable to imprisonment for a term not exceeding 10 years
(3) Every one who does an indecent act on a young person is liable to imprisonment for a term not exceeding 7 years
Sexual conduct with young person under 16
(Section, Act, Elements)
Section 134, Crimes act 1961
* A person
(1) (1) has sexual connection with a young person
(2) attempts to have sexual connection with a young person
(3) does an indecent act on a young person
Section 135, Crimes Act 1961
Indecent Assault
(Defined)
Every one is liable to imprisonment for a term not exceeding 7 years who indecently assaults another person.
Indecent Assault
(Section, Act, Elements)
- A person
- Indecently assaults
- Another person
