Short Answer Questions Flashcards
What is the objective test for Indecency?
Indecency must be judged in light of the time, place & circumstances. It must be something more than trifling, and be sufficient to warrant the sanction of the law.
(R v Dunn)
What makes sexual connection unlawful?
The Crown must prove that:
The complainant did not consent to the sexual act, and
The offender did not believe the complainant was consenting, or
If he did believe she was consenting, the grounds for such a belief were not reasonable.
Explain Sec.87 Evidence Act 2006
It protects a witness from having to state their address & having questions put to them about that information. This includes not only the name & number of the street, but also the name of the town or community the witness lived in.
May be disclosed if judge determines directly relevant to the facts in issue & that to exclude them would be contrary to the interest of justice.
Explain Sec.88 Evidence Act 2006
No questions put to complainant or witness about the complainant’s occupation, or having evidence given, or statements/remarks made about the complainant’s occupation.
However, an application can be made to the judge to disclose this information.
Proof of Penetration
May be established by:
- the complainant’s evidence.
- medical examination (injuries, DNA evidence).
- the defendant’s admissions.
Sexual Violation is the act of a person who…..
1(a) Rapes another person; or
(b) Has unlawful sexual connection with another person
Explain Sec.127 C.A.61
There is no presumption of law that a person is incapable of sexual connection because of his or her age.
This provision means that any person of any age is capable, in a legal sense of being involved in sexual connection.
Therefore it would NOT be a defence to a sex-related charge to say that either of the parties was too young or too old to have sexual connection.
List the two main forms of sexual violation.
Rape & Unlawful Sexual Connection.
Discuss the two elements that need to be proved in a charge of Assault with Intent to commit Sexual Violation Sec.129 C.A.61
That the offender
- assaulted the victim; &
- intended to commit sexual violation
What is the definition of Consent?
Consent is a person’s conscious & voluntary agreement to something desired or proposed by another.
Discuss the penalty provisions for Sexual Violation as set out in Sec.128B C.A.61
It outlines that the punishment for sexual violation is imprisonment for a term not exceeding 20 years, & imprisonment should always be imposed on conviction unless there are special circumstances that justify a departure for the rule.
Explain Sec.134A C.A.61
Defence to charge under Sec.134 C.A.61
It is a defence to a charge under Section 134 if the defendant proves -
(a) before the time of the act they took reasonable steps to ascertain the Y/P was of or over the age of 16, AND
(b) at the time of the act they believed on reasonable grounds the Y/P was of or over the age of 16, AND
(c) the Y/P consented.
Explain Sec.134 C.A.61 in relation to two persons under the age of 16 years.
Where both parties are aged under 16, they both commit the offence. However, if one party is 15 & the other is 16, only the 16 year old can be charged (Sec.134(5))
Can a young person whom an offence against Sec.134 C.A.61 has been committed, be charged as a party to the offence, if the person who committed the offence was of or over the age of 16 years when the offence was committed?
No they can not be charged as party to the offence (Sec.134(5) C.A.61)
What must the Crown prove in an Indecent Assault case?
- 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.