Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

.9.8.1.8. > Lauxes Secneffo > Flashcards

Lauxes Secneffo Flashcards

1
Q

When is the offence of sexual grooming section 131(B) 1A Crimes Act 1961 complete?

A
  1. The offender intentionally meets the young person.
  2. The offender Travels with intention to meeting the young person.
  3. The offender arranges for or persuades the young person to travel with intention of meeting him or her.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

When can a previous consistent statement be admitted?

A

As a rebuttal evidence only

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

How far out must a prosecutor give the transcript to defence before preliminary hearing or defendant summary hearing?

A

At least 7 days

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

A child under 12 years can give consent in rare and exceptional circumstances?

A

RV cox

Although we do not exclude the possibility that a child of 10 or 11 maybe 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.

No reasonable adult would have grounds for believing that a 10 or 11 year old girl has the experience or maturity to understand the nature and significance of the act.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Three types of ASAI complaints

A

Acute
Non-acute
Historic

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is the principal difference between Rape and unlawful sexual connection?

A

Rape is a specific form of unlawful sexual connection that involves the penetration of the complainants genitalia by the offenders penis

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

To be guilty of attempted sexual violation what must the Crown prove?

A
  1. Intended to have sexual connection with the complainant
  2. The complainant did not consent to the intended sexual connection
  3. The defendant did not believe on reasonable grounds that the complainant was consenting
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is the purpose of preliminary interview

A

For investigators to gain a better understanding of what has occurred and to determine;

  1. What further investigation action are necessary
  2. Whether and offence may have occurred
  3. Whether the victim wishes to make a formal complaint
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

A homestay student having sex with the father of the house on the premise that she could use the car whenever she like?

A
  1. No offence
  2. Sexual violation by rape section
  3. Sexual Connection with coercion
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Define Sexual Connection - s2, C.A. 1961?

A

(a) Connection effected by the introduction into the genitalia or anus of one person, otherwise than for genuine medical purposes of:

(i) a part of the body of another person; or
(ii) any object held or manipulated by another person; o

(b) a connection between the mouth or tongue of one person and part of another person’s genitalia or anus;
(c) The continuation of a connection of a kind as described in paragraph a or paragraph b.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Define Unlawful Sexual Connection?

A

Person ‘A’ has unlawful sexual connection with person ‘B’ if person ‘A’ has sexual connection with person ‘B’

(i) without person ‘B’s consent to the connection
(ii) without believing on reasonable grounds that person ‘B’ was consenting to the connection

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Statutory Defence – s134A C.A 1961. What is the defence under s134 C.A 1961?

A

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 years; 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 years; and
c) the young person consented

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Discuss whether a 16-year-old girl can be charged with having consensual sex with a 14-year-old boy?

A

Yes, the girl can be charged as it is the offence of sexual conduct with a young person under 16 years (s134(1), C.A 1961).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Name three circumstances where Police would remove a child from a household:

A

In cases involving:
• Serious Wilful neglect
• Serious physical abuse
• Sexual assault
• When a child is witness to a serious assault
• Any allegations made against a CYF carer involving serious physical abuse
• Any allegations made against CYF staff or Police involving serious physical abuse

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

S195A C.A 1961, What is necessary to prove criminal liability in failing to protect a child?

A

The offence applies to:
1. Members of the same household as the victim
2. 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:
3. 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
4. Fails (actus reus) to take reasonable steps to protect the victim from that risk.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

In what other ways can a witness give evidence?

A
  1. While in the courtroom but unable to see the defendant or some other specified person (screens) or
  2. From an appropriate place outside the courtroom, either in New Zealand or elsewhere; (CCTV) or
  3. By a video record made before the hearing of the proceeding (DVD recording)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Before attending a Medical Examination, what should you explain to a victim?

A
  1. The examination will be conducted by a medical forensic practitioner specially trained in examining victims of sexual assault
  2. The benefits of a full medical forensic examination including: - potential benefit to their physical, sexual and mental health - the examination can help Police obtain evidence to apprehend the offender
  3. The expected time frame for the examination and, if appropriate, possible outcomes of the examination
  4. If the Victim is concerned about the practitioner’s gender conducting the examination.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

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?

A
  1. The action of the abuse
  2. The injury inflicted, and
  3. The circumstances (factors of the case)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Is it an offence for an adoptive parent to have sexual intercourse with his 18 year old daughter?

A

Yes it is, an adoptive parent is a ‘parent’ thus incest.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

At what age does a file become an ASAT file?

A

18 years or older at the time of making the complaint NOT 16

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

No question can be put to the victim regarding… (S44, Evidence Act 2006)

A

Previous sexual history with any person other than the defendant

22
Q

What 3 things must the Crown prove in relation to an Indecent Assault?

A
  1. Defendant intentionally assaulted the complainant
  2. The circumstances accompanying the assault were indecent
  3. The defendant intended the conduct that a reasonable person would find indecent
23
Q

Can a 17 year old uncle be charged with failing to protect a child?

A

Offenders must be from the same household, or visit frequently must be over 18 years of age.

Yes, 30 year old uncle who visits the address frequently

24
Q

R v LEESON?

A

The definition of ‘indecent’ has sexual connotations and involves conduct directed at a person that is offensive to public moral values.

25
Q

What is the defence under s134?

A

It is a defence to a charge under s134 if the person charged proves 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 years; 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 years; and
c) The young person consented

26
Q

When is the offence of sexual grooming complete?

A
  1. When the offender intentionally meets the young person
  2. When the offender travels with intention of meeting the young person
  3. When the offender arranges for or persuades the young person to travel with the intention of meeting him or her
27
Q

Outline the definition for s128A, C.A 1961?circumstances do not constitute consent:

A
  1. Not protesting or offering physical resistance due to use of force, threats of force, or fear of force
  2. Asleep or unconscious
  3. So affected by alcohol or drugs they cannot consent
  4. So affected by their mental or physical impairment they cannot consent
  5. Mistaken ID
  6. Mistaken as to the nature and quality of the act
28
Q

Before attending a MEK, what should you remind the victim?

A
  • No eating or drinking
  • No going to the toilet (if necessary, use a toxicology kit to capture urine and ask the female victim not to wipe)
  • No washing or showering
  • No washing of hands or biting fingernails
29
Q

In certain circumstances s87 Evidence Act 2006, the Judge can ask the witness to state their address details. In what circumstances will this occur?

A

Section 87 Privacy as to witness’s precise address
(2) if the judge is satisfied that the question to be put, the evidence to be given, or the statement or remark to be made, is of sufficient direct relevance to the facts in issue that to exclude it would be contrary to the interest of justice.

30
Q

When is the offence of having exploitative sexual connection with a person with a significant impairment complete:

A

(a) has sexual connection with the impaired person, knowing that the impaired person is a person with a significant impairment; and
(b) has obtained the impaired persons acquiescence in, submission to, participation in, or undertaking of the connection by taking advantage of the impairment.

31
Q

The mnemonic CALM TEA stands for:

A
  • Conduct your dealings in a sensitive & concerned manner.
  • Accept they are telling the truth until/unless there is evidence to prove the contrary.
  • Listen to what they tell you, giving them an opportunity to tell their account in their words, even to just vent their feelings.
  • Establish whether they require Medical attention.
  • Treat them courteously.
  • Explain the process you are following and why you need to follow that process and ask certain questions.
  • Advise them of the local counselling services available.
32
Q

Section 129A(5), C.A 1961 – Sexual Conduct with consent induced by certain threats….

A

The kinds of threat referred to in subsections (3) & (4)(a) are –

(a) a threat that the person making the threat or some other person will commit an offence that –
(i) is punishable by imprisonment; but
(ii) does not involve the actual or threatened application of force to any person; and

(b) a threat that the person making the threat or some other person will make an accusation or disclosure about misconduct by any person that is likely to damage seriously the reputation of the person against or about whom the accusation or disclosure is made; and

(c) a threat that the person making the threat will make improper use, to the detriment of the person consenting, of a power or authority arising out of-
(i) an occupational or vocational position held by the person making the threat; or
(ii) a commercial relationship existing between the person making the threat and the person consenting.

33
Q

What is necessary to prove criminal liability in failing to protect a child?

A

The offence applies to:
• Members of the same household as 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
• Fails (actus reus) to take reasonable steps to protect the victim from that risk.

34
Q

Outline the ingredients for Indecent Assault – Section 135, C.A 1961 7yrs?

A

Any Person
Indecently Assaults
Another person

35
Q

Reasons for Medical forensic examinations

A
  1. Well being and safety is paramount
  2. Primary objective of medical forensic examination is the victim’s physical, sexual and mental health and safety.
  3. Secondary importance is opportunity to collect trace evidence to support police investigation
  4. Examination venues must be comfortable, non-threatening, safe and available 24/7
36
Q

Advise to on call medical forensic practitioner?

A
  1. Advise age and gender of victim
  2. Time and circumstances of the incident
  3. Brief outline of info incl drugs, details of injuries, intoxication
  4. Whether child sexual assault should be investigated using the ASA procedures or vice versa
  5. Allow practitioner to assess best timing and approach for exam
37
Q

13 Key points in ASA investigation

A
  1. Initial actions on contact
  2. Case referral
  3. Providing specialist support
  4. Preliminary interview
  5. Information feedback
  6. Medical examination
  7. Formal interview
  8. Investigation and evidence assessment
  9. Resolution options
  10. Prosecution
  11. Final action and record keeping
  12. Prevention opportunities and responsibilities
  13. Overall- Continual victim updates and prevention opportunities
38
Q

Criteria for CPP

A
  1. Sexual abuse
  2. Physical abuse
  3. Neglect
39
Q

Explain what is Sexual abuse against child?

A

circumstances of indecency or sexual violation of a child or using a child in the making of sexual imaging

40
Q

Physical abuse against child - CPP threshold

A

actions of an offender result in or could potentially result in physical harm or injury being inflicted on a child. Non-accidental injury.

  1. The action (of the abuse)
  2. The injury inflicted (outcome or result)
  3. The circumstances (factors in the case)
41
Q

Child abuse, Actions- Methodology, how it was done

A
  1. Blow or kick to the head
  2. Shaking of an infant
  3. Strangulation
  4. Use of a weapon
  5. Attempted drowning
42
Q

Any of these injuries- Child abuse

A
  1. A bone fracture
  2. Burn
  3. Concussion or loss of consciousness
  4. Any injury that requires medical attention
  5. Any bruising or abrasion when the: child is very
  6. Young eg not mobile and/or positioning and patterning make it unlikely to be an accident
43
Q

Explain child Neglect

A
  1. Not providing adequate food, shelter, clothing
  2. Not protecting from physical harm or danger
  3. Not accessing medical treatment or care
  4. Exposing child to drug manufacturing
  5. Exposed to environment where volatile toxic or flammable chemicals been used or stored
44
Q

Initial steps OT and Police

A
  1. Referral- information sharing between parties
  2. Consultation- discussion at appropriate levels
  3. Agreement- agreeing upon initial action in an IJIP
45
Q

Initial Joint Investigation Plan IJIP must consider the following

A
  1. Immediate safety of the child and other children
  2. If a joint approach is appropriate
  3. Management of initial interview
  4. Referral to medical practitioner and authority to do so
  5. Collection of physical evidence
  6. Any further actions agreed for Police and OT
  7. Don’t question a child about what has happened.
  8. Ask an adult that they have made disclosure to.
46
Q

OT timeframes

A

Critical 24 hours
Very urgent 48 hours
Urgent 7 days

47
Q

Options for removing child include when

A
  1. It is not safe to leave them or you believe on reasonable grounds that if left, they will suffer, or are likely to suffer, ill treatment, neglect, deprivation, abuse or harm, and
  2. There is no other practical means of ensuring their safety.
  3. Under OT Act 1989 without warrant s42, with a place of safety warrant s39, with a warrant to remove s40.
48
Q

Section 44 Evidence Act 2006

A

In a sexual case:

1) No evidence given or questions asked regarding sexual experience of complainant with any other person other than the defendant, except with judge permission.
2) No evidence or question directly/indirectly to the reputation of the complainant regarding sexual matters.
3) Judge can only grant the above subsections if satisfied evidence or question is of direct relevance to facts in the proceeding or sentencing.
4) Judge permission not required to rebut or contradict evidence given.
5) The evidence or questions can be related to a person being charged as a party to a sexual offence. The other ‘offender’s’ experience can be shared.

49
Q

Section 87 Evidence Act 2006

A

1) without judge’s permission a witness precise address may not be questioned or included in any evidence unless judge satisfied it is directly related to the facts.

50
Q

Section 88 Evidence Act 2006

A

1) No question or evidence may be put to complainant or witness regarding complainant’s occupation. AND
2) No statement or remark may be made in court by any person regarding the occupation.
3) Judge grant permission if direct relevance to facts.

51
Q

S195 CA 1961, What is necessary to prove criminal liability in failing to protect a child…

A
  • the offence applies to members of the same household as the victim
  • the offender must be 18 years or over

KNOWS (mens rea) the victim is at risk of death, GBH or sexual assault as a result of the unlawful acts or omissions of another person; and

FAILS (actus reus) to take reasonable steps to protect the victim from that risk

52
Q

Sec 105. In what other ways can a witness give evidence?

A
  • while in the courtroom but unable to see the defendant or some other specified person (Screens)
  • from an appropriate place outside the courtroom, either in New Zealand or elsewhere (CCTV)
  • by a video record made before the hearing of the proceeding (DVD)

.9.8.1.8. (10 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions