Mass Questions

Question 1

When can a previous consistent statement be admitted?

Answer 1

• As rebuttal evidence only

Question 2

When is the offence of sexual grooming complete?

Answer 2

(i) intentionally meets the young person:
(ii) travels with the intention of meeting the young person:
(iii) arranges for or persuades the young person to travel with the intention of meeting him or her; and

Question 3

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

Answer 3

• at least 7 days

Question 4

It may provide a defense to a charge under s134 if the defendant proves that before the time of the sexual activity they:

Answer 4

• they had taken reasonable steps to ascertain that the young person was of or over the age of 16, and
• and at the time of the sexual activity they believed on reasonable grounds that the young person was of or over the age of 16, and
• the young person consented.

Question 5

Can a 16 year old female be charged with having sexual intercourse with a 14 year old male?

Answer 5

Yes

Question 6

In what other ways can a witness give evidence?

Answer 6

• 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)

Question 7

What are the three areas to consider in determining whether physical abuse is serious and there meets the threshold for referral as a CPP case? (CIA)

Answer 7

• the action of the abuse
• the injury inflicted, and
• the circumstances (factors of the case)

Question 8

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

Answer 8

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

Question 9

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

Answer 9

• defendant intentionally assaulted the complainant
• the circumstances accompanying the assault were indecent
• the defendant intended the conduct that a reasonable person would find indecent

Question 10

How to provide a safe and secure environment for victims of sexual offences (Calm TEA)

Answer 10

CONDUCT your dealings in a sensitive and concerned manner.
ACCEPT they are telling the truth until/unless there is evidence to prove the contrary.
LISTEN to what they tell you, give them an opportunity to tell there account in their words, even to just vent their feelings.
Establish weather 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.

Question 11

Who does ASA policy and procedures apply to?

Answer 11

All cases where the victim of the alleged offending (male or female) is 18 years of age or older at the time the complaint is made.

Question 12

Before conducting an MEK examination, explain to the victim: (four points)

Answer 12

• that the examination will be conducted by a medical forensic practitioner specially trained in examining individuals who have been sexually assaulted
• Ask if they have concerns about gender of the doctor.
• that it has potential health benefits and can help Police obtain evidence to apprehend/prosecute the offender
• the expected duration of the examination (“a couple of hours”) and, if appropriate, possible outcomes of the examination.

Question 13

What information to advise medical practitioner

Answer 13

• Advise the age and gender of the victim as this may impact on the practitioner’s suitability
• advise when the sexual assault is believed to have occurred
• give a very brief outline of the information known so far, including whether drugs and/or alcohol may be involved, details of the victim’s injuries or other known health concerns
• if relevant, discuss the victim’s wishes about gender of the examining practitioner

Question 14

What to take to medical exam

Answer 14

• Toxicology kit
• MEK
• Change of clothing
• Information for Doctor

Question 15

What is the definition of ‘Victim’

Answer 15

S4 Victims Rights Act 2002
(i) a person against whom an offence is committed by another person

(ii) a person who, through, or by means of, an offence committed by another person, suffers physical injury, or loss of, or damage to, property
(iii) a parent or legal guardian of a child, or of a young person,
(iv) a member of the immediate family of a person who, as a result of an offence committed by another person, dies or is incapable-

Question 16

What is the primary purpose of Medical Forensic Examination

Answer 16

The victim’s physical, sexual and mental health and safety

Question 17

It is important to preserve trace evidence in sexual assault cases. List four things that victims should refrain from (where possible) before a medical examination.

Answer 17

1. Remind the victim:
   − 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.

Question 18

What are the three categories of file in relation to ASA?

Answer 18

Acute - 1 to 7 days
Non-acute - 7 days to 6 months
Historic - 6 months +

Question 19

S128A - The following circumstances do not constitute consent:

Answer 19

• not offering physical resistance do to use of force, fear of force or threat of force
• asleep or unconscious
• affected by drugs or alcohol
• mental or physical impairment
• mistaken ID
• mistaken as to nature and quality of the act

Question 20

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

Answer 20

(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 consent of the connection by taking advantage of the impairment.

Question 21

With attempted sexual violation the Crown must prove that at the time of the defendant’s conduct he:

Answer 21

• intended to have sexual connection with the complainant, and
• the complainant did not consent to the intended sexual connection; and
• the defendant did not believe on reasonable grounds that the complainant was consenting

Question 22

Can a child under 12 provide consent to sexual connection?

Answer 22

A child can consent to sexual activity, but consent is not a defense for having sexual connection with a child.

M/C - Can an 11 year old consent to sexual connection, they can.

Question 23

Section 129A, Crimes Act 1961

Sexual conduct with consent induced by certain threats - what kind of threats are these?

Answer 23

(a) a threat that the person making the threat or some other person will commit an offence that—
(i) is punishable by imprisonment

(b) a threat that the person making the threat or some other person will make an accusation or disclosure about misconduct by any person
(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

Question 24

Section 131A, Crimes Act 1961

Dependent family member defined

Answer 24

Dependant family member:

(a) if the other person has power or authority over him or her, and is—
(i) his or her parent, step-parent, foster parent, guardian, uncle, or aunt; or
(b) members of the same family, whanau, or other culturally recognized family group

Question 25

In certain circumstances S87 EA2006, the Judge can ask the witness to state their address details. In what circumstances will this occur?

Answer 25

• if the judge determines that they are directly relevant to the facts in issue and that to exclude them would be contrary to the interest of justice.

Question 26

Evidence Act 2006
Section 44 - Evidence of sexual experience of complainants in sexual cases

What does this section state around questions relating to the complainants sexual experience?

Answer 26

no evidence can be given and no question can be put to a witness relating directly or indirectly to the sexual experience of the complainant with any person other than the defendant

Except with the permission of the Judge.

The Judge must not grant permission unless satisfied that the evidence or question is of such direct relevance to facts in issue in the proceeding, or the issue of the appropriate sentence, that it would be contrary to the interests of justice to exclude it.

Question 27

What are four advantages of visually recording interviews?

Answer 27

• greater quality and quantity of information obtained
• minimising trauma to the witness by simplifying the process and having their interview played as their evidence in chief
• reducing contamination by the interviewer through the process of transposing the interview into a statement
• providing a valuable means for the witness to refresh their memory before judicial proceedings.

Question 28

Video/DVD recording of child interviews is the best way to meet both the child’s needs and interests, and the interests of justice. It meets the child’s needs because:

Answer 28

• the interview process is focused on the child and allows them to state clearly and freely what (if anything) has happened according to the rules of evidence
• the recorded interview can be used for the basis of an investigation, subsequent criminal prosecution and/or care and protection purposes
• it avoids the need to re-interview the child for different purposes.

Question 29

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

Answer 29

• 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

Question 30

List four Police responsibilities to victims and their rights.

Answer 30

− all obligations under the Victims’ Rights Act 2002 must be met and all victim contact must be recorded
− victims must be given information about the progress of their investigation within 21 days
− victims must be kept updated and informed of the outcome of the investigation, including no further avenues of enquiry or the reason for charges not being filed
− victims must be informed of the outcome of the case and the case closure. Ensure any property belonging to the victim is returned promptly.

Question 31

Define “child abuse” as outlined in the Children, Young Persons and their Families Act 1989. (HPESIAND)

Answer 31

the harming (whether physically, emotionally, or sexually), ill-treatment, abuse, neglect, or deprivation of any child or young person.

Question 32

In relation to child abuse investigations, define what the term “child-centred timeframes” means.

Answer 32

Child-centred timeframes are timeframes that are relevant to the child’s age and cognitive development.

Question 33

List three grounds on which a direction can be made under s103(3) of the Evidence Act 2006 in regards to a witness giving evidence in an alternative way.

Answer 33

(3) A direction under subsection (1) that a witness is to give evidence in an alternative way, may be made on the grounds of—

(a) the age or maturity of the witness
(c) the trauma suffered by the witness
(d) the witness’s fear of intimidation
(f) the nature of the proceeding

Question 34

Discuss the requirement under reg 28 of the Evidence Regulations 2007. - Prosecutor to give transcript to defence after defendant pleads not guilty

Answer 34

(1) The prosecutor must ensure a typed transcript of a working copy is given to the defendant or the defendant’s lawyer as soon as practicable after the defendant has pleaded not guilty.
(2) The typed transcript is to be prepared by the police.
(3) The Court may adjourn the hearing to allow further time for the defendant to consider the transcript if satisfied that subclause (1) has not been complied with.

Question 35

What is the definition of ‘indecent act’

Answer 35

An act that is ‘indecent’ has sexual connotations and involves conduct directed at a person that is offensive to public moral values

Question 36

Define ‘Incest’

Answer 36

Sexual connection is incest if—

(a) it is between 2 people whose relationship is that of parent and child, siblings, half-siblings, or grandparent and grandchild; and
(b) the person charged knows of the relationship.

Question 37

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

Answer 37

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

Question 38

Reasonable Grounds:

The establishing of reasonable grounds is a three step process, list all three subjective/objective tests

Answer 38

The Crown must prove that:
• the complainant did not consent to the sexual act (a subjective test), and
• the offender did not believe the complainant was consenting (a subjective test), or
• if he did believe she was consenting, the grounds for such a belief were not reasonable (an objective test).

Question 39

Oranga Tamariki Timeframes

Answer 39

Category: Critical - 24hrs
No safety or care identified, child is at risk of serious harm and requires immediate involvement to establish safety.

Category: Very urgent - 48hrs
Risk of serious harm but has some protective factors for 48hrs. high priority follow up required.

Category: Urgent - 7 days
At risk of harm or neglect. Options of safety and support have been explored but remain unmet.

Question 40

Three Initial Steps of CPP:

Answer 40

1. Referral - Information sharing between the 2 agencies
2. CPP consultation - discussion at the appropriate levels
3. Agreement - agreeing upon Initial Joint Investigation Plan (IJIP) and initial action.

Question 41

Matters that do not constitute consent - Sec. 128A, Crimes Act 1961 (7 of them)

Answer 41

· not protesting or offering physical resistance to use of force,
· application of force, threats of force, or fear of force to self or others
· asleep or unconscious
· so affected by drugs/alcohol they cannot consent
· so affected by mental or physical impairment they cannot consent
· mistaken ID
· mistaken as to nature and quality of the act

Question 42

Purpose of ASA preliminary interview

Answer 42

• Gain better understanding of what has occurred
• Brief outline of facts
• Victim safety
• Public safety

• Urgent investigation needs, considering:

• Potential for loss of evidence - medical circumstances
• Suspects likely actions

Question 43

In all cases of sexual violation the crown must prove beyond reasonable doubt four points

Answer 43

• There was an intentional act by the offender involving sexual connection with the complainant, and
• The complainant did not consent to the sexual act, and
• The offender did not believe the complainant was consenting, or
• If the offender did believe the complainant was consenting, the grounds for such a belief were not reasonable.

Question 44

R v Harpur

Answer 44

An attempt includes “An act or omission constituting a substantial step in a course of conduct planned to culminate in his commission of a crime”