Liabilities Flashcards

1
Q

Section 128(1)(a)

A

A person
Rapes
Another person

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2
Q

Section 128(1)(b)

A

A person
Has unlawful sexual connection
With another person

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3
Q

Section 129(2) assault with intent to commit sexual violation

A

A person
Assaults
Another person
With intent to commit sexual violation of the other person

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4
Q

Section 132 sexual conduct with a child under 12

A

A person
(1) has sexual connection with a YP
(2) attempts to have sexual connection with a YP
(3) does an indecent act on a YP

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5
Q

Section 135

A

A person
Indecently assaults
Another person

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6
Q

Rape

A

*penetration-Introduction to the slightest degree
*genitalia
*consent

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7
Q

sexual connection

A

-Connection effected by the introduction into the genetalia or anus
ii-a part of the body of another parson
ii- an object held or manipulated -Mouth or you he and a part of another persons genitalia or anus

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8
Q

R v Koroheke

A

The genitalia comprise the reproduction organs, interior and exterior. They include the villa and labia both interior and exterior at the opening of the vagina

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9
Q

R v Cox

A

Consent but be full, voluntary, free and informed. Freely and voluntarily given by a person in a position to form rational judgement

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10
Q

R v Gutuama

A

Under the objective test the crown must prove that “no reasonable person in the accused shoes could have thought that the complainant was consenting”

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11
Q

R v forest and forest

A

The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age

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12
Q

R v Court

A

Indecent means conduct that right thinking people will consider an affront to the sexual modesty of the complainant

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13
Q

R v Dunn

A

Indecency must be judged in the light of the time, place and circumstances. It must be something more than trifling and be sufficient to “warrant the sanction of the law”

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14
Q

Defences to charge under section 134

A

-before the time of the act concerned, he or she had taken reasonable steps to find out whether the YP was of or over the age of 16 years AND
-at the time of the act concerned, he or she believed on RG the person was over 16 and the YP consented

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15
Q

Section 132(1)

A

A person
Has sexual connection
With a child (person under 12)

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16
Q

Section 132(2)

A

A person
Attempts to have sexual connection
With a child

17
Q

Section 132(3)

A

A person
Does an indecent act
On a child

18
Q

Section 134(1)

A

A person
Has sexual connection
With a young person (person under 16)

19
Q

Section 134(2)

A

A person
Attempts to have sexual connection
With a young person

20
Q

Section 134(3)

A

A person
Does an indecent act
With a young person

21
Q

Section 135

A

A person
Indecently assaults
Another person

22
Q

R v Leeson

A

An assault accompanied with circumstances of indecency

23
Q

Attempts

A

Intend to commit the offence
Take a real and substantial step towards achieving that aim

24
Q

Proving consent

A

-the victim did not consent
-the victims consent was not valid
-the defendant did not believe in reasonable grounds that the victim was consenting

25
Q

Consent

A

A persons conscious and voluntary agreement to something desired or proposed