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Question 1

Discuss the penalty provisions for sexual violation as set out in s128B of the Crimes Act 1961.

Answer 1

Section 128B of the Crimes Act 1961 outlines that the punishment for sexual violation is imprisonment for a term not exceeding 20 years, and imprisonment should always be imposed on conviction unless there are special circumstances that justify a departure from the rule

Question 2

Define the term ‘genitalia’.

Answer 2

Genitalia includes a surgically constructed or reconstructed organ analogous to naturally occurring male or female genitalia.

Whether the person concerned is male-female or of indeterminate sex.

Question 3

In negating consent, the Crown has to prove one of three things. List the three things.

Answer 3

In proving that consent was not present in a case of sexual violation, the Crown must prove that:

1. The victim did not consent, or
2. The victim’s consent was not valid, or
3. The accused did not believe on reasonable grounds that the victim was consenting.

Question 4

Discuss the two elements that need to be proved in a charge of Assault with Intent to commit Sexual Violation, section 129 Crimes Act 1961

Answer 4

The Defendant

1. Assaulted the victim, and
2. Intended to commit sexual violation.

Question 5

What is the definition of ‘consent’.

Answer 5

“Consent” is a person’s conscious and voluntary agreement to something desired or proposed by another”.

Question 6

Discuss the statutory defence for s134A – sexual conduct with a young person under 16 years.

Answer 6

There is a statutory defence for sexual conduct with a young person (s134A). This statutory defence applies only when:

1. The person charged can show they took reasonable steps to establish the young person was aged 16 or over, and
2. The person charged believed on reasonable grounds that the young person was aged 16 or over, and
3. The young person consented to that sexual connection.

Question 7

Define sexual conduct with a child under 12.

Answer 7

Sexual conduct with a child under 12 is:

1. Sexual connection with a child;
2. Attempted sexual connection with a child; and
3. Does an indecent act on a child.

Question 8

Discuss whether a 16-year-old girl can be charged with having consensual sex with a 14-year-old boy.

Answer 8

Yes, the girl can be charged as it is the offence of sexual conduct with a young person under 16 years (s134 Crimes Act 1961).

Question 9

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 9

(a) The age or maturity of the witness
(b) The physical, intellectual, psychological, or psychiatric impairment of the witness
(c) The trauma suffered by the witness
(d) The witness’s fear of intimidation
(e) The linguistic or cultural background or religious beliefs of the witness
(f) The nature of the proceeding
(g) The nature of the evidence that the witness is expected to give
(h) The relationship of the witness to any party to the proceeding
(i) The absence or likely absence of the witness from New Zealand
(j) Any other ground likely to promote the purpose of the Act.

Question 10

Discuss the requirement under reg28 of the Evidence Regulations 2007.

Answer 10

Prosecutor to give transcript to defence before preliminary hearing or defended summary hearing

(1) The prosecutor must ensure a typed transcript of a working copy is given to the defendant or the defendant’s lawyer,—
(a) If there is to be a preliminary hearing, at least 7 days before the date on which a video record is given in evidence at a preliminary hearing:
(b) If the defendant is to be tried summarily, as soon as is reasonably 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 sub-clause (1) has not been complied with.

Question 11

List three ways under s105 that a witness may give evidence.

Answer 11

The witness may give evidence:

(i) While in the courtroom but unable to see the defendant or some other specified person; (screens) or
(ii) From an appropriate place outside the courtroom, either in New Zealand or elsewhere; (CCTV) or
(iii) By a video record made before the hearing of the proceeding. (Video recording)

Question 12

When interacting with victims of sexual offences, what actions should you take to provide a safe and secure environment in which they may regain some control of their lives.

Answer 12

1. Conduct your dealings in a sensitive and concerned manner.
2. Accept they are telling the truth until/unless there is evidence to prove the contrary.
3. Listen to what they tell you, giving them an opportunity to tell their account in their words, even to just vent their feelings.
4. Establish whether they require medical attention.
5. Treat them courteously.
6. Explain the process you are following and why you need to follow that process and ask certain questions.
7. Advise them of the local counselling services available.

Question 13

List four Police responsibilities to victims and their rights.
Victim rights:

Answer 13

1. All obligations under the Victims’ Rights Act 2002 must be met and all victim contact must be recorded
2. Victims must be given information about the progress of their investigation within 21 days
3. 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 laid
4. As soon as the offender is arrested and charged
5. Police must determine whether it is a s29 offence. If so, the victim must be informed of their right to register on the Victim Notification System (if the victim wishes to do so)
6. 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 14

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

Answer 14

Child-centred timeframes are timeframes that are relevant to the child’s age and cognitive development. The younger the child the more vulnerable they are and therefore they require a quicker response. As an example, for a 5-year-old, a week is a very long time for an event to be recounted with reliability. However, a 16-year-old would have less difficulty recalling the same event several weeks later.

Question 15

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

Answer 15

In these cases the Crown must prove that:

1. The defendant intentionally assaulted the complainant
2. The circumstances accompanying the assault were indecent
3. The defendant intended the conduct that a reasonable person would find indecent.

Question 16

Explain Section 129A (5) of the Crimes Act 1961 in relation to Sexual conduct with consent induced by certain threats:

Answer 16

The kinds of threat referred to in subsections (3) and (4)(a) are—

(a) A threat that the person making the threat or some other person will commit an offence that—
(i) Is punishable by imprisonment; but
(ii) Does not involve the actual or threatened application of force to any person; and
(b) A threat that the person making the threat or some other person will make an accusation or disclosure (whether true or false) about misconduct by any person (whether living or dead) that is likely to damage seriously the reputation of the person against or about whom the accusation or disclosure is made; and
(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 arising out of—
(i) An occupational or vocational position held by the person making the threat; or
(ii) A commercial relationship existing between the person making the threat and the person consenting.

Question 17

R v Leeson - Define Indecent Assault

Answer 17

An assault accompanied with circumstances of indecency

Question 18

128 A 2

Question 19

Evidence Act