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sex offences Flashcards

1
Q

sexual violation: what must be proved

A
  1. the offenders acts were intentional.
  2. The complainant did not consent.
  3. The offender did not believe they had consent.
  4. If the offender believed he had consent, the grounds for that consent were unreasonable.
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2
Q

128(4) Crimes act

A

being in a spousal relationship is not a defence to sexual violation.

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3
Q

definition of sexual connection

A

connection effected by the introduction into the genitalia or anus of one person, for other than genuine medical purposes;

a part of the body of another person
an object held or manipulated by another person

connection between the mouth or tongue of one person and a part of another persons genitalia or anus

the continuation of connection as described above.

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4
Q

definition of penetration

A

introduction into

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5
Q

how is the degree of penetration relevant

A

you must prove penetration however the degree of penetration is not relevant, any degree no matter how slight or fleeting is sufficient.

any body part of object manipulated, between the complainants labia is sufficient for penetration.

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6
Q

How do you prove penetration

A

the complainants evidence.

medical examination, including physical injuries and DNA evidence.

The defendants admissions.

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7
Q

what is genitalia

A

the external reproductive organs of a person.

penis and testicles for a male
vulva and labia for a female.

Included surgically constructed/ reconstructed sexual organs

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8
Q

R V KOROHEKE

A

The genitalia comprise of the reproductive organs, interior and exterior.
including the vulva, labia, both interior and exterior, and the opening of the vagina.

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9
Q

object held or manipulated defintion

A

anything other than a part of his body used by the offender to penetrate the complainant genitalia or anus

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10
Q

examples of genuine medical purposes

A

cervical screenings and prostate exams

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11
Q

DEFINITION OF CONTINUATION

A

a sexual activity that started consensually but consent was later withdrawn, however the defendant failed to to stop the act

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12
Q

no presumption because of age

A

any person is capable of being involved in sexual connection, therefore it is not a defence to sex related charges to say that either of the parties were too young or too old to have sexual connection.

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13
Q

definition of consent

A

consent is a persons conscious and voluntary agreement to something desired or proposed by another

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14
Q

R V COX

A

consent must be full free informed voluntary, freely given by a person in a position to form a rational judgement.

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15
Q

reluctant consent

A

consent can be given reluctantly.
if there is no fear of the application of force or the result of actual or threatened force then the act of sexual connection would not be rape

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16
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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17
Q

When is consent relevant

A

at the time the acts actually took place

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18
Q

Examples of invalid consent

A

Lack of resistance does not equal consent

fear of force or actual force to them or another person

asleep / unconscious

affected by alcohol/substances to the point that they can not make a rational decision.

has intellectual/ mental or physical condition that affects their ability to make a rational decision.

mistaken identity.

mistaken nature/quality of act

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19
Q

R V KOROHEKE- consent freely given vs submission

A

It is important to distinguish between consent that is freely given and submission by a woman to what she may regard as unwanted but unavoidable. For example submission by a woman because she is frightened of what might happen if she does not give in or co-operate, is not true consent.

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20
Q

what charge could be considered if the threshold for sexual violation has not been met but the defendant took advantage of the complainants vulnerability?

A

S138 CA 1961- sexual exploitation of a person with significant impairment

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21
Q

Section 128 (1)(a)

A

Sexual Violation by rape

A PERSON
RAPES
ANOTHER PERSON

A PERSON

DEF: accepted by judicial notice or circumstantial evidence. (in this case someone who has a penis)

RAPES:
DEF: Person A penetrates person B genitalia with person A’s penis.

Penetration:
DEF: introduction to the slightest degree is enough to effect a connection.

Proof of penetration may be established by complainants evidence, medical exam, defendants admissions.

CL: RV KOROHEKE
The genitalia comprises of the reproductive organs, interior and exterior… they include the vulva, labia- interior and exterior at the opening of the vagina.

DEF: consent:
Consent is a persons conscious and voluntary agreement to something desired or proposed by another

CL: R V COX
consent must be full, free, informed, voluntary, freely given by a person who is in the position to form a rational judgement.

CL: R V GUTAMA
Under the objective test, the crown must prove that no reasonable person in the accused shoes could have thought that the complainant was consenting.

ANOTHER PERSON:

DEF: as proven by judicial notice or circumstantial evidential. In this case someone who has a vagina/vulva.

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22
Q

section 128 (1)(b)

A

Sexual violation by unlawful sexual connection

A PERSON
HAS UNLAWFUL SEXUAL CONNECTION
WITH ANOTHER PERSON

A PERSON

DEF: as proven by judicial notice or circumstantial evidence in this case the charge is gender agnostic.

HAS UNLAWFUL SEXUAL CONNECTION

DEF: connection effected by the introduction into the genitalia or anus of one person, for other than genuine medical purposes;

a part of the body of another person
an object held or manipulated by another person

connection between the mouth or tongue of one person and a part of another persons genitalia or anus

the continuation of connection as described above.

Penetration:
DEF: introduction to the slightest degree is enough to effect a connection.

Proof of penetration may be established by complainants evidence, medical exam, defendants admissions.

CL: RV KOROHEKE
The genitalia compresses of the reproductive organs, interior and exterior… they include the vulva, labia- interior and exterior at the opening of the vagina.

DEF: consent:
Consent is a persons conscious and voluntary agreement to something desired or proposed by another

CL: R V COX
consent must be full, free, informed, voluntary, freely given by a person who is in the position to form a rational judgement.

CL: R V GUTAMA
Under the objective test, the crown must prove that no reasonable person in the accused shoes could have thought that the complainant was consenting.

WITH ANOTHER PERSON

DEF: as proven by judicial notice or circumstantial material- in this case the charge is gender agnostic.

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23
Q

S129 (1)

A

Attempted unlawful sexual connection.

A PERSON
ATTEMPTS
UNLAWFUL SEXUAL CONNECTION
WITH ANOTHER PERSON

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24
Q

S129 (2)

A

Assault with intent to commit sexual violation

A PERSON
ASSAULTS
ANOTHER PERSON
WITH INTENT
TO HAVE UNLAWFUL SEXUAL CONNECTION
WITH THAT PERSON

A PERSON
proven by judicial notice or circumstantial evidence

In this care it is gender agnostic.

ASSAULTS
DEF:
Intentionally applying or attempting to apply force to a person, directly or indirectly.

ANOTHER PERSON

As proven by judicial notice or circumstantial evidence

WITH INTENT

DEF: deliberate act, specific outcome.

CL: R V COLLISTER- intent inferred by circumstance.

TO HAVE UNLAWFUL SEXUAL CONNECTION

DEF: Penetration or the genitalia or anus for any reason other than genuine medical purposes.

Any body part of another person or any object held or manipulated by another.

Connection of the mouth or tongue to another persons genitalia or anus

The continuation of connection as described above.

PENETRATION

DEF: Introduction into the genitalia, no matter how slight or fleeting.

CL: R V KOROHEKE
The genitalia is the external reproductive organs, including the vulva, labia, interior and exterior and the opening of the vagina.

CL: R V GUTUAMA
Under the objective test, the crown must prove that no person in the defendants shoes could have believed that the complainant was consenting.

CONSENT:
DEF: Conscious and voluntary agreement to something desired or proposed by another.

CL: R V COX
Conscious, free, informed, Voluntary, freely given by someone who can make a rational judgement.

WITH ANOTHER PERSON

As proven by judicial notice or circumstantial evidence. In this case gender agnostic.

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25
Q

to be guilty of attempting to commit an offence, a person must:

A

INTEND- to commit the offence.

take REAL and SUBSTNATIAL STEPS towards achieving that aim

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26
Q

Intent

A

deliberate act, specific outcome

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27
Q

R V COLLISTER

A

Intent inferred by circumstance

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28
Q

circumstantial evidence which helps prove intent

A

the offenders actions and words, before during or after event.

the surrounding circumstances.

the nature of the act its self.

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29
Q

what must be proven for attempted sexual violation

A

intended to have sexual connection with the complainant.

the complainant did not consent to the intended sexual connection.

the defendant did not believe on reasonable grounds that the complainant was consenting.

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30
Q

to be guilty of an attempts charge the defendant must have…

A

progressed past the stage of preparation and started the process intended to lead to the commission of the full offence.

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31
Q

R V HARPUR

A

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

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32
Q

what must the court consider in relation to assessing proximity

A

the defendants conduct at the relevant time.

evidence of his intent based on circumstances

any steps taken leading up to that point.

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33
Q

R V HARPUR (sufficiently proximity)

A

the court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops…

the defendant’s conduct may be considered in its entirety.

Considering how much remains to be done is always relevant, though not determinative.

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34
Q

examples of attempts according to the American model penal code.

A

enticing a victim to go to the scene of the contemplative crime.

Lying in wait, searching for or following the contemplated victim.

possession, collection or fabrication of materials to be employed in the commission of the offence.

prior scoping/observation of the scene of the contemplated crime.

soliciting an innocent agent to engage in conduct constituting an element of the offence.

unlawful entry of a structure, vehicle or enclosure in which it is contemplated that the offence will be committed.

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35
Q

129(2) crimes act 1961

A

A PERSON

DEF: as proven by judicial notice or circumstantial material- in this case the charge is gender agnostic.

ASSAULTS

DEF: intentionally applying or attempting to apply force to another person, directly or indirectly, or threatening by act or gesture to do such an act.

ANOTHER PERSON

DEF: as proven by judicial notice or circumstantial material- in this case the charge is gender agnostic.

WITH INTENT

DEF: deliberate act, specific outcome.

CL: R V COLLISTER- intent inferred by circumstance.

Must prove at the time the defendant assaulted the complainant they:

intended to have sexual connection with the complainant.

the complaint did not consent to sexual connection.

the defendant did not believe on reasonable grounds there was consent.

TO COMMIT SEXUAL VIOLATION

DEF: connection effected by the introduction into the genitalia or anus of one person, for other than genuine medical purposes;

a part of the body of another person
an object held or manipulated by another person

connection between the mouth or tongue of one person and a part of another persons genitalia or anus

the continuation of connection as described above.

Penetration:
DEF: introduction to the slightest degree is enough to effect a connection.

Proof of penetration may be established by complainants evidence, medical exam, defendants admissions.

CL: RV KOROHEKE
The genitalia compresses of the reproductive organs, interior and exterior… they include the vulva, labia- interior and exterior at the opening of the vagina.

DEF: consent:
Consent is a persons conscious and voluntary agreement to something desired or proposed by another

CL: R V COX
consent must be full, free, informed, voluntary, freely given by a person who is in the position to form a rational judgement.

CL: R V GUTAMA
Under the objective test, the crown must prove that no reasonable person in the accused shoes could have thought that the complainant was consenting.

OF ANOTHER PERSON

DEF: as proven by judicial notice or circumstantial material- in this case the charge is gender agnostic

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36
Q

what are the two things the crown must prove that consent was not present

A

The victim did not consent

or the victims consent was not valid.

or the defendant did not beleive on reasonable grounds that the victim was consenting.

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37
Q

the two elements which need to be proven in the charge of assault with intent to commit a sexual violation.

A

-the defendant assaulted the vicitm.

the defendant intnended to commit sexual violation

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38
Q

is consent a defence under section 132 CA 1961?

A

no- it is not a defence for sexual conduct with a child under 12.

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39
Q

S132(1)CA 1961

A

sexual connection with a child under 12 yrs.

A PERSON

DEF: as proven by judicial notice or circumstantial material- in this case the charge is gender agnostic.

HAS SEXUAL CONNECTION

DEF: connection effected by the introduction into the genitalia or anus of one person, for other than genuine medical purposes;

a part of the body of another person
an object held or manipulated by another person

connection between the mouth or tongue of one person and a part of another persons genitalia or anus

the continuation of connection as described above.

Penetration:
DEF: introduction to the slightest degree is enough to effect a connection.

Proof of penetration may be established by complainants evidence, medical exam, defendants admissions.

CL: RV KOROHEKE
The genitalia compresses of the reproductive organs, interior and exterior… they include the vulva, labia- interior and exterior at the opening of the vagina.

DEF: consent:
Consent is a persons conscious and voluntary agreement to something desired or proposed by another

CL: R V COX
consent must be full, free, informed, voluntary, freely given by a person who is in the position to form a rational judgement.

CL: R V GUTAMA
Under the objective test, the crown must prove that no reasonable person in the accused shoes could have thought that the complainant was consenting.

WITH A CHILD

Child means a person under the age of 12 yrs.

This offence is gender neutral.

CL: R V FORREST AND FORREST

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

Consent is not a defence.

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40
Q

what is the penalty for sexual conduct with a child under 12

A

14 yrs.

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41
Q

what is the penalty for rape/unlawful sexual connection

A

20 yrs.

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42
Q

what is the penalty for attempted sexual violation and assaults with intent to commit sexual violation

A

10 yrs.

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43
Q

COX V R (childrens consent)

A

although we do not exclude the possibility that a child of 10 or 11 may be able to give fully, voluntary, free and informed consent to sexual intercourse, the circumstances that would justify that conclusion would be exceptional if not rare

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44
Q

COX R V (no reasonable adult)

A

save in exceptional circumstances even where she indicates an agreement to the act occurring, no reasonable adult would have grounds for believing that a ten or eleven year old girl has the experience or maturity to understand the nature and significance of the act.

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45
Q

R V FORREST AND FORREST

A

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

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46
Q

134 (1) CA 1961

A

A PERSON

DEF: as proven by judicial notice or circumstantial material- in this case the charge is gender agnostic.

HAS SEXUAL CONNECTION

DEF: connection effected by the introduction into the genitalia or anus of one person, for other than genuine medical purposes;

a part of the body of another person
an object held or manipulated by another person

connection between the mouth or tongue of one person and a part of another persons genitalia or anus

the continuation of connection as described above.

Penetration:
DEF: introduction to the slightest degree is enough to effect a connection.

Proof of penetration may be established by complainants evidence, medical exam, defendants admissions.

CL: RV KOROHEKE
The genitalia compresses of the reproductive organs, interior and exterior… they include the vulva, labia- interior and exterior at the opening of the vagina.

DEF: consent:
Consent is a persons conscious and voluntary agreement to something desired or proposed by another

CL: R V COX
consent must be full, free, informed, voluntary, freely given by a person who is in the position to form a rational judgement.

CL: R V GUTAMA
Under the objective test, the crown must prove that no reasonable person in the accused shoes could have thought that the complainant was consenting.

WITH A YOUNG PERSON

DEF: A person who between the ages 12 and 16 yrs.

CL: R V FORREST AND FORREST

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

Age is defence if:

before the time of the act he or she had taken reasonable steps to find out whether the young person was of or over 16 yrs.

at the time of the offence he or she belived on reasonable grounds that the young person was of or over 16 yrs.

The young person consented.

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47
Q

definition of indecent

A

conduct that a right- thinking person will consider an affront to the sexual modesty of the complainant

48
Q

if a child consents to an act it is immaterial whether

A

the offender does the act on the child.

the child does the act on the offender

the act is mutual

49
Q

R V COURT

A

conduct that a right-thinking person will consider an affront to the sexual modesty of the complainant.

50
Q

defence to charge under 134 CA 1961 (sexual conduct with a young person under 16)

S 134A CA 1961

A

before the time of the act he or she had taken reasonable steps to find out whether the young person was of or over 16 yrs.

at the time of the offence he or she belived on reasonable grounds that the young person was of or over 16 yrs.

The young person consented.

51
Q

what happens if both parties are aged under 16?

A

both are liable to committing an offence under 134

If one of them is under 16 and the other one is 16 then only the 16 year old has committed an offence

52
Q

what is the penalty for indecent assault

A

7 years imprisonment

53
Q

R V LEESON

A

The definition of indecent assault is an assault accompanied with circumstances of indecency.

54
Q

what three things must be proven in an indecent assault

A

the defendant intentionally assaulted the complainant.

the circumstances accompanying the assault were indecent.

the defendant intended the conduct that a reasonable person would find indecent.

55
Q

what is the difference around defence to consent in relation to sexual violation and indecent assaults?

A

Sexual violation:

the defendant must have an honest belief on reasonable grounds that the victim was consenting.

56
Q

S129A Sexual conduct with consent induced by certain threats

A

sexual connection
with another person
knowing the other person
has been induced to consent
by threat

57
Q

What does threat mean in relation to S129A

A

is punishable by imprisonment

does not involve the actual or threatened application of force

threatens accusation or disclosure about misconduct of a persons (alive/dead) likely to seriously damage reputation

58
Q

S130 CA 1961

A

SEXUAL CONNECTION

BETWEEN TWO PEOPLE

WHOSE RELATIONSHIP IS THAT OF A PARENT AND CHILD, SIBLINGS, HALF SIBLINGS, GRANDPARENTS AND GRAND CHILDREN

KNOWING OF THEIR RELATIONSHIP

SEXUAL CONNECTION

DEF: connection effected by the introduction into the genitalia or anus of one person, for other than genuine medical purposes;

a part of the body of another person
an object held or manipulated by another person

connection between the mouth or tongue of one person and a part of another persons genitalia or anus

the continuation of connection as described above.

Penetration:
DEF: introduction to the slightest degree is enough to effect a connection.

Proof of penetration may be established by complainants evidence, medical exam, defendants admissions.

CL: RV KOROHEKE
The genitalia compresses of the reproductive organs, interior and exterior… they include the vulva, labia- interior and exterior at the opening of the vagina.

DEF: consent:
Consent is a persons conscious and voluntary agreement to something desired or proposed by another

CL: R V COX
consent must be full, free, informed, voluntary, freely given by a person who is in the position to form a rational judgement.

CL: R V GUTAMA
Under the objective test, the crown must prove that no reasonable person in the accused shoes could have thought that the complainant was consenting.

BETWEEN TWO PEOPLE

DEF: as proven by judicial notice or circumstantial material- in this case the charge is gender agnostic.

WHOSE RELATIONSHIP IS THAT OF A PARENT AND CHILD, SIBLINGS, HALF SIBLINGS, GRANDPARENTS AND GRAND CHILDREN

This includes both biological and adoptive parents.

Does not include step parents

CL: R V FORREST AND FORREST

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

KNOWING OF THEIR RELATIONSHIP

Consent is not a defence.
The charge of incest requires both parties to be consenting

59
Q

what is the penalty for incest?

A

10 yrs

60
Q

Who is liable of incest?

A

both parties of the age 16 and over are liable of incest

61
Q

S131(1) CA 1961

A

SEXUAL CONNECTION

WITH A DEPENDANT FAMILY MEMBER

UNDER THE AGE OF 18.

62
Q

S131(2)

A

ATTEMPTS

TO HAVE SEXUAL CONNECTION

WITH A DEPENDANT FAMILY MEMBER

UNDER THE AGE OF 18.

63
Q

S131 (3)

A

DOES

AN INDECENT ACT

ON A DEPENDANT FAMILY MEMBER

UNDER THE AGE OF 18.

64
Q

What is the penalty of S131(1) CA 1961
Sexual conduct with dependent family member

A

7 yrs

65
Q

What is the penalty of S131(2) CA 1961
Sexual conduct with dependent family member

A

7 yrs

66
Q

What is the penalty of S131(3) CA 1961
Sexual conduct with dependent family member

A

3 yrs

67
Q

Is consent a defence to the charge
What is the penalty of S131CA 1961
Sexual conduct with dependent family member

A

No

68
Q

What is a dependant family member

A

they are a dependant family member if a person has authority or responsibility over the CYP.

they might be:

a parent, step parent, foster parent, guardian, uncle, aunt, is apart of a culturally recognized family group, signifigant role in their care and upbringing.

69
Q

S 131B CA 1961

A

MET OR COMMUNICATED

WITH A PERSON UNDER THE AGE 0F 16.

ON AN EARLIER OCCASSION

TO:

INTENTIALLY MEET THE YOUNG PERSON.

TRAVEL WITH THE INTENTION OF MEETING THE YOUNG PERSON.

ARRAGES FOR OR PURSUADES THE YOUNG PERSON TO TRAVEL WITH INTENTIONS OF MEETING HIM OR HER.

WITH INTENT TO COMMIT AN OFFENCE AGAINST THE ACT

70
Q

what is the penalty for section 131B- meeting young person following sexual grooming

A

7 years

71
Q

is there a defence against 131B- meeting young person following sexual grooming?

A

they took reasonable steps to find out whether the young person was of or over the age of 16

beleived on reasonable grounds the young person was 16 or older.

72
Q

when is the offence of 131B- meeting young person following sexual grooming complete

A

when the parties meet or the defendant travels or makes arrangements to meet

73
Q

S138-

A

sexual exploitation of a person w signifigant impairment

HAS EXPLOITIVE SEXUAL CONNECTION

WITH A PERSON

WITH A SIGNIFIGANT IMPAIRMENT

74
Q

what is the penalty for S138- Sexual exploitation of person with significant impairment

A

10 yrs

75
Q

what is the penality for attempting S138- Sexual exploitation of person with significant impairment

A

10 yrs

76
Q

what is the penalty S138- Sexual exploitation of person with significant impairment- indecent acts

A

5 years

77
Q

what is a significant impairment?

A

intellectual, mental or physical condition.

78
Q

significant impairments impair the persons capacity to…

A
  1. understand the nature of the sexual act.
  2. understand the nature of decisions about sexual conduct.
  3. foresee the consequences of decisions about sexual conduct
  4. communicate their decisions about sexual conduct
79
Q

S142A

A

compelled indecent act with an animal

COMPELS ANY OTHER PERSON

BY ACTUAL OR THREATENDED APPLICATION OF FORCE

TO THAT PERSON

OR ANY OTHER PERSON

TO PERFORM

OR SUBMIT TO

ANY ACT OF INDECENCY

WITH AN ANIMAL

WHIETHER OR NOT INVOLVING PENETRATION

80
Q

what is the penality S142A compelling indecent act with animal

A

14 yrs

81
Q

when is S143 Bestiality complete?

A

upon pentation

82
Q

what is the penalty for 143- bestiality?

A

7 yrs

83
Q

penalty of S144 indecency with an animal

A

3 yrs

84
Q

s144A

A

SEXUAL CONENCTION WITH A CHILD UNDER 12 OUTSIDE OF NZ

ATTEMPTED SEXUAL CONNECTION WITH A CHILD OUTSIDE OF NZ

INDECENT ACTS WITH A CHILD OUTSIDE NZ

SEXUAL CONENCTION WITH A YOUNG PERSON OUTSIDE OF NZ

ATTEMPTED SEXUAL CONNECTION WITH A YOUNG PERSON OUTSIDE OF NZ

INDECENT ACTS WITH A YOUNG PERSON OUTSIDE NZ

85
Q

144B- consent of the attorney general required

A

no charging docs may be filed against 144A without consent from the attorney general

the suspect may be arrested/ have a WTA/ be remanded in custody/ bailed however no further action may be taken without AG’s consent.

the AG may carry out inquiries before making a decision.

86
Q

S216H- prohibition on making intimate visual recording

A

INTENTIALLY

OR

RECKLESSLY

MAKES

INTIMATE VISUAL RECORDINGS

OR ANOTHER PERSON

87
Q

Complainants character- S44 Evidence Act 2006

A

no evidence or questions may be asked about the victims sexual history (except with the judges permission)

evidence of the complainants propensity to act in a certain way with the defendant may be permitted if the judge grants it

88
Q

complainants occupation- s88 evidence act 2006

A

questions and comments can not be asked/made in relation to the victims/witnesses occupation.

an application for this information can be put to the judge.

89
Q

corroboration- 121 evidence act 2006

A

the complainants evidence does not have to be corroborated in criminal proceedings.

90
Q

meaning of corroborate

A

strengthen or support with other evidence

91
Q

oral evidence- 97 criminal procedures act 2011

A

upon successful application, the complainant of sexual offences will have protection surrounding who can be present what can be during trial.

92
Q

who should be used to interview victims/witnesses to major offences?

A

level 3 specialist interviewers

93
Q

what are the advantages of visually recording interviews

A
  1. greater quality and quantity of information obtained.
  2. minimizing trauma to the witness by simplifying the process and having their interview played as their evidence in chief.
  3. reducing contamination by the interviewer through the process of transposing the interview into a statement.
  4. providing valuable means for the witness to refresh their memory before judicial proceedings
94
Q

why are dvd childrens interviews best

A

the interview process is focused on the child and allows them to state clearly and freely what has happened according to the rules of evidence.

the recorded interview can be used for the basis of an investigation, subsequent criminal prosecution/care and protection purposes.

it avoids the need to re-interview the child

95
Q

what must you do to be granted evidence by alternative means- s107 evidence act 2006

A

the crown must apply to the court to use alternative means, you may be requested by the crown to provide supporting evidence to assist the court in their decision

96
Q

when should an application under s107 evidence act 2007 be made?

A

as soon as possible before the trial.

the judge is required to give all parties the right to be heard in chambers and may call for reports from advisors

97
Q

An application under 103 evidence act 2006, to give direction about giving alternative evidence could be made on the following grounds

A

age or maturity of witness

physical, intellectual, phycological, phychiatric impairment of the witness.

trauma suffered by witness

fear of intimidation

linguistic or cultural background/ religious beliefs of witness

nature of the proceeding.

nature of evidence that the witness is expected to give

the relationship of the witness to any party to the proceeding

the absence or likely absence of the witness from NZ

Any other grounds likely to promote the purpose of the act

98
Q

what are alternative ways that the victim/witness can give evidence

A

while in the courtroom but unable to see the defendant/other person with screens

from an appropriate place outsdie the courtroom either in NZ or elsewhere by AVL

by a video recording made before the hearing of the proceeding

99
Q

what is the paramount consideration when a report of concern is received

A

the safety and wellbeing of the child.

100
Q

S194 CA 1961

A

assaults
any child under the age of 14
or
being a male
assaults any female

101
Q

s 59 parenting act- smacking parental controls

A

police may use discretion not to prosecute if they believe the act to be so inconsequential that there is no public interest in proceedings

102
Q

who does section 195- ill treatment or neglect applies to?

A

applies to both children and vulnerable adults under the care or charge of the suspect and staff members of any hospital, institution or residence where the child or vulnerable adult resides.

103
Q

S195A -failure to protect that child or vulnerable adult

A

criminal liability where persons with frequent contact know a child or vulnerable adult is at risk of harm but where no action is taken to prevent harm

104
Q

who does S195A -failure to protect that child or vulnerable adult apply to?

A

members of the same household.

people who are staff members of any hospital, institution, residence where the victim resides.

105
Q

what is required to proved re S195A -failure to protect that child or vulnerable adult

A

under the age of 18 at time of offences

defendant was over 18

the defendant had frequent contact with victim

the defendant had knowledge of the risk of harm to the child or vulnerable adult

106
Q

does S195A -failure to protect that child or vulnerable adult apply to someone under 18?

A

no

107
Q

what are the two priorities that require careful balance during the investigation of adult sexual assault

A

undertaking the investigation as quickly as possible

meeting the complainants physical and emotional needs

108
Q

what is a victim?

A

a person against whom an offence was committed by another person.

a person who suffers phyiscal injury or loss of / damage to property due to someone comiting an offence

a person who suffers emotional harm due to offences comitted by another person

a parent or legal guardian of a child or young person who has been offended against as above.

immediate family members of a person who dies or left incapable due to offences committed by another person

109
Q

12 key process points for dealing with adult sexual assault

A
  1. initial action and contact.
    (brief details from complaint obtained)
  2. case referral
    (incident is referred asap to CIB who enter incident into NIA)
  3. provide specialist support
    (with the victims consent)
  4. preliminary interview
  5. information feedback
    (whenever possible inform victim of findings and decisions)
  6. medical examination.
    (organise a MEK asap - esp acute within 7 days or suspected drug facilitated offences)
  7. formal interview
  8. investigation and evidence assessment.
    (complete case interview plan and work through investigation phases)
  9. resolution options.
    (consider options for resolution)
  10. prosecution
  11. final actions and record keeping.
  12. preventative opportunities and responsibilities
110
Q

what should you remind the victim of (within reason) before MEK and capturing evidence

A

no eating or drinking

no going to the toilet (or use toxicology kit for victim to capture urine) and ask women not to wipe.

no washing or showering

no washing of hands or biting fingernails

111
Q

what to tell the victim when organizing an MEK

A

the medical forensic practitioners are specifically trained in examining victims of sexual assaults.

potential benifits to physical sexual and mental health

examinations help police obtain evidence to apprehend the offender.

expected time for the MEK and possible outcomes from MEK

112
Q

What does calm tea stand for?

A

CONDUCT dealings in sensitive and concerned manner.

ACCEPT they telling you the truth

LISTEN to what they tell you

MEDICAL ATTENTION

TREAT them courteously

EXPLAIN the process and keep them updated

ADVISE them of local counselling services

113
Q

three areas to consider in determining whether physical abuse is serious and meets CPP referal

A
  1. the action of the abuse.
  2. the injury inflicted.
  3. the circumstances.
114
Q

victims rights

A

all victim contacts must be recorded.

be informed of progress within 21 days.

be kept up to date and informed of outcomes of investigations

as soon as the offender is arrested and charges.

outcome of case.

115
Q

child abuse definition

A

phyiscal emotional sexual harm, ill treatment, abuse, neglect, or deprivation of any CYP

116
Q

ATTEMPTS

A

intent to commit an offence, does or omits an act for purpose of accomplishing his object.

DDP (10 decks)

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