Multi Choice Flashcards
If a male has sexual intercourse with his 18 year old home stay student, is there any offence?
No
When is the offence of sexual grooming complete?
- When the offender intentionally meets the young person.
- When the offender travels with intention of meeting the young person.
- When the offender arranges for or persuades the young person to travel with the intention of meeting him/her.
When can a previous consistent statement be admitted?
As rebuttal evidence only.
How far out must a prosecutor give the transcript to the defence before preliminary hearing or defendant summary hearing?
At least 7 days.
Can a child aged 12 consent to sexual intercourse?
Yes, only in exceptional circumstances
Is it an offence for an adoptive parent to have sexual intercourse with his 18 year old daughter?
Yes, an adoptive parent is a ‘parent’ and thus means incest.
At what age does a file become an ASA file?
17 years of age or older.
Outline Section 44(1), 44(2) and 44(3) of the Evidence Act 2006.
• 44(1) In a sexual case, 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 other person other than the defendant, except with permission of the judge.
• 44(2) In a sexual case, no evidence can be given and no question can be put to a witness that relates directly or indirectly to the reputation of the complainant in sexual matters.
• 44(3) In an application for permission under subsection (1), the judge must not grant permission unless satisfied that the evidence or question is of sufficient direct relevance to the 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.
What 3 things must the crown prove in relation to an indecent assault?
- Defendant intentionally assaulted the complainant.
- The circumstances accompanying the assault were indecent.
- The defendant intended the conduct that a reasonable person would find indecent.
Can a 17 year old be charged with failing to protect a child?
No
The offender must be of the same household or visit frequently and
Must be over 18
What are the 3 categories of file in relation to ASA?
- Acute (within 7 days)
- Non acute (7 days - 6 months)
- Historic (Over 6 months)
What is the Defence defined under Section 134?
- prior to the act, they had taken reasonable steps to ascertain that the young person was at least 16, and
- at the time of the act, they believed on reasonable grounds that the young person was at least 16, and
- the young person consented.
Explain Section 87(1) and 87(2) Evidence Act 2006
87(1) The precise particulars of a witness’s address may not, without the permission of the judge be:
a) the subject of any question to a witness or included in any evidence given; or
b) included in any statement or remark made by a witness, lawyer or officer of the court or any other person.
87(2) The judge must not grant permission unless satisfied that the question to be put, the evidence to be given or statement or remark to be made is of sufficient direct relevance to the facts in issue that it’s exclusion would be contrary to the interests of justice.
This includes not only the name and number of the street, but the town.
What is the Act and Section of “Sexual exploitation of person with significant impairment” and when is the offence complete?
Section 138 Crimes Act 1961
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 connecting by taking advantage of the impairment.
When would Police remove a child from a household?
- When it is not safe to leave them there 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;
- There is no other practical means for ensuring their safety
