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criminal and civil law > sexual offences +homocide week 6 > Flashcards

sexual offences +homocide week 6 Flashcards

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1
Q

what are the 3 definitional elements of sexual assault?

A
  1. Victim did not consent
  2. defendant did not reasonably believe that the victim consented
  3. the act must be sexual
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2
Q

define consent

A

a person consents when he/she agrees by choice and has the freedom + capacity to make that choice

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3
Q

what act removed the element of consent from many offences?

A

sexual offences act 2003

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4
Q

what are sections 1-4 of the sexual offences act 2003?

A

s1: rape
s2: assault by penetration
s3: sexual assault
s4: causing a person to engage in sexual activity without consent

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5
Q

define rape

A

intentional penetration by penis of a vagina,anus or mouth

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6
Q

what type of offence is rape?

A

indictable only-life imprisonment

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7
Q

what is assault by penetration?

A

intentional penetration of the vagina,anus with part of the body of anything else

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8
Q

what type of offence is assault by penetration?

A

indictable only- life imprisonment

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9
Q

what is sexual assault?

A

intentional sexual touching

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10
Q

what is the max sentence for sexual assault?

A

10 years

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11
Q

define causing sexual activity without consent

A

intentionally engaging another in sexual activity

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12
Q

what type of offence is causing sexual activity without consent

A

indictable life imprisonment if penetration- 10 years otherwise

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13
Q

for child victims under 13 what is removed? also what is needed to prove offence?

A

consent is removed
proof of age and proof of act is required

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14
Q

in section 9 of the sexual offences act what is different in proving a sexual offence with victims under 16 and victims under 13

A

for victims over 13 and under 16 the prosecution must prove the defendant did not reasonably believe that he/she was 16 or over

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15
Q

what is section 10 of the sexual offences act 2003?

A

causing/inciting a child to engage in sexual activity

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16
Q

what is section 11 of the sexual offences act 2003?

A

sexual activity in presence of a child

17
Q

what is section 12 of the sexual offences act 2003?

A

causing a child to watch a sexual act

18
Q

what is section 13 of the sexual offences act 2003?

A

applies where the accused is under 18 and their will be a reduction in penalty for section 10-12

19
Q

what is section 14 of the sexual offences act 2003?

A

intentionally arranging or facilitating the commission of child sex offences for self or other (in any part of the world)

20
Q

what is section 15 of the sexual offences act 2003?

A

meeting a child following sexual grooming with the intent to commit sexual offences (in any part of the world)

21
Q

what is section 25 of the sexual offences act 2003?

A

it is an offence for a person to intentionally touch a family member aged under 18 where the touching is sexual

22
Q

under section 25 of the sexual offences act(familial child sex offences) is consent relevant and what is the one requirement?

A

consent=irrelvant
defendent must know or be in a position where he would reasonably be expected to know that the child is a family member

23
Q

what is section 26 of the sexual offences act 2003?

A

offence for a person to intentionally incite a child family member aged under 18 to either touch or allow himself to be touched where the touching is sexual

24
Q

what are sections 30-33 of the sexual offences act?

A

sexual activity with persons with a mental disorder impeding choice

25
Q

what are sections 34-37 of the sexual offences act?

A

inducements,threats or deception of persons with mental disorder

26
Q

what are sections 38-44 of the sexual offences act?

A

care workers for persons with mental disorder

27
Q

what is the year and a day rule?

A

common law rule that was abolished states that if more then a year and a day passed between act act/omission and a persons death then the act/omission was not presumed to cause the death

28
Q

what the mens rea element of murder?

A

is the intention to kill or cause GBH

29
Q

what are the 3 partial defences for murder?

A
  1. diminished responsibility
  2. loss of self control
  3. suicide pact
30
Q

what is diminished responsibility?

A

functioning of mental capacity was substantially impaired due to a medical condition

31
Q

what are the 3 elements of loss of control?

A
  1. loss of self-control
    2.loss of control has to be the qualifying trigger
  2. the objective test
32
Q

what is the objective test for loss of control?

A

the jury must be persuaded that an ordinary person of the same age and sex as the defendent with a normal degree of tolerance and self-restraint would have killed as the defendent did

33
Q

what are the 3 types of involuntary manslaughter?

A
  1. reckless manslaughter
  2. unlawful act manslaughter
  3. gross negligence manslaughter
34
Q

what is unlawful act manslaughter?

A

liability for manslaughter is constructed/built up from a baseline of another crime

35
Q

what are the 4 definitional elements of manslaughter?

A
  1. an act must be committed by the defendent
  2. the act must be unlawful
  3. act must be dangerous
  4. act must cause victims death
36
Q

what is the case of DPP v Newbury (unlawful act manslaughter)

A

2x 15-year-old boys pushed a paving stone over a bridge into the path of an oncoming train that killed the guard

37
Q

for unlawful act manslaughter what do the prosecution need to prove?

A
  1. act must be intentional
  2. that the base crime has been committed and the mens rea+actus rea of the base crime
  3. defendents unlawful act caused the victim to die
38
Q

what is the case of R v Adomako?(gross negligence manslaughter)

A

defendant failed to notice when a patient’s tube became disocnnected from a ventilator resulting in the patient suffering a cardiac arrest +dying

39
Q

what are the 5 definitional elements of gross negligence manslaughter?

A
  1. D owes V a duty of care
  2. D breaches that duty
  3. breach involves an obvious risk of death
  4. breach causes the death
  5. does the jury find the breach serious enough to be a crime

criminal and civil law (10 decks)

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