Summative 2 Definitions/Notes

Question 1

Young Person

Answer 1

Crimes Act 1961 Section 210

A person under the age of 16 Years

Question 2

Entice

Answer 2

Tempt, persuade or attract by arousing hope or desire.

Question 3

Application for knowing

Answer 3

CA 61
S210(2)
Receives

Question 4

Section 210A

Answer 4

People claiming good faith to possession of a young person under 16 cannot be convicted of an offence under section 209 or 210.

Question 5

Sent/Taken Away

Answer 5

Sent suggests the person left the country on their own, possibly by duress.

Taken suggests they were accompanied by another person.

Question 6

Imprison

Answer 6

Keep someone as if they are in prison. Has a narrower meaning than confine.

Question 7

Consent

Answer 7

conscious and voluntary agreement to something desired or proposed by
another.

Question 8

Unlawfully

Answer 8

Without lawful justification or exuse

Question 9

To obtain consent by fraud

Answer 9

Deceive the victim into agreeing to a proposition by misrepresenting the facts or their intentions.

Question 10

To obtain consent by duress.

Answer 10

To accept an an offenders demands based on the fear of the consequences if they refuse.

Question 11

Marry

Answer 11

Engage in a marriage in accordance with the Marriage Act of 1955

Question 12

Sexual Connection

Answer 12

a
a) connection effected by the introduction into the genitalia or anus of one person (otherwise than for genuine medical purposes) of
- a part of the body of another person
- an object manipulated by another person
b) connection between the mouth or tongue of one person and a part of another person’s genitalia or anus
c) the continuation of connection in a kind described

Question 13

Ransom

Answer 13

A sum of money demanded or paid for the release of a person being held captive.

Question 14

Service

Answer 14

To Keep as a servant or slave.

Question 15

Confined

Answer 15

Restricting of persons movement to within a geographical area and having control over their activities.

Question 16

List other miscellaneous provisions regarding abduction of YP under 16

Answer 16

S209A - U16 cannot consent to being taken away or detained

S210(3)(b) - Belief that person over 16 is no defence

S127 - No presumption because of age

Question 17

What must be proved in all cases of sexual violation?

Answer 17

• There was an intentional act
• The victim did not consent
• The Defendant did not believe the victim was consenting
  OR
• The grounds for belief were unreasonable.

Question 18

Person

Answer 18

Accepted by JN / CE

Question 19

Sexual Violation

Answer 19

Section 128, Crimes Act 1961

(1) Sexual violation is the act of a person who -
(a) rapes another person; or
(b) has unlawful sexual connection with another person.

Question 20

Rape

CA.61 S.128(2)

Answer 20

Person A rapes person B if person A has sexual connection with person B, effected by the penetration of person B’s genitalia by person A’s penis-

a) without person B’s consent to the connection; and
b) without believing on RG that person B consents to the connection.

Question 21

Penetration

Answer 21

Introduction to the slightest degree is enough to effect a connection.

Proof of penetration may be established by the complainant’s evidence, medical examination, defendant’s admissions.

Question 22

Sexual Connection

CA.61 S.2

Answer 22

a) connection effected by the introduction into the genitalia or anus of one person (otherwise than for genuine medical purposes) of
- a part of the body of another person
- an object manipulated by another person
b) connection between the mouth or tongue of one person and another person’s genitalia or anus
c) the continuation of connection in a kind described

Question 23

Proof of penetration is required, 3 ways of proving:

Answer 23

• Complainant’s evidence
• Medical exam
• Accused’s admissions

Question 24

Genitalia

Answer 24

R V KOROHEKE

The genetalia comprise the reproductive organs, interior and exterior … they include the vulva and labia, both interior and exterior at the opening of the vagina.

Penis S2 CA61:

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 25

Consent

Answer 25

A person’s conscious and voluntary agreement to something desired or proposed by another

Question 26

Attempts

Answer 26

a
Section 72 CA 61

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

They are guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.

Question 27

Eight Matters that Do Not Constitute Consent CA.61 S.128A

Answer 27

a
Lack of protest or resistence
Force, threat or fear of force
Asleep or unconscious
Affected by alcohol or drugs
Intellectual, mental or physical impairment
Mistake as to identity
Mistake as to nature and quality of act
Sexual activity to which S128A applies and indecent assault

Question 28

Unlawful Sexual Connection CA.61 S128(3)

Answer 28

Person A has unlawful sexual connection with person B if person A has sexual connection with person B:

a) without person B’s consent to the connection AND
b) without believing on reasonable grounds that B consents to the connection

Question 29

“Child” in relation to Crimes Act 1961

Answer 29

A person under 12

Question 30

“Young person” in relation to Crimes Act 1961

Answer 30

Person under 16 years.

Question 31

What must the prosecution prove for indecent assault

Answer 31

Intentionally assaulted victim
Circumstances were indecent
Complainant did not consent
Didn’t honestly believe the complainant was consenting
The defendant intended the conduct, that a reasonable person would find indecent if consent is an issue

Question 32

Property

Answer 32

Property includes any real and personal property, any estate or interest in any real or personal property, money, electricity and and debt, any thing in action and any other right or interest.

Question 33

Dishonestly

Answer 33

Acting without a belief that there was expressed or implied consent from a person in a position to give such consent or authority.

Question 34

Claim of right

Answer 34

A belief at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed.

Question 35

Document

Answer 35

S217 CA - a document, or part of a document, in any form.

Question 36

Use

Answer 36

To use in any way.

Question 37

Deception

Answer 37

A false representation, whether oral, documentary or by conduct.

AND

(i) knows that it is false in a material particular, or
(ii) is reckless as to whether it is false in a material particular, or
(b) an omission to disclose a material particular, with intent to deceive any person, in circumstances where there is a duty to disclose it, or
(c) a fraudulent device, trick or stratagem used with intent to deceive any person.

Question 38

Control Over

Answer 38

Oxford Dictionary: The power of directing command.

Question 39

Privilege/Benefit

Answer 39

A special right or advantage

Question 40

What is title?

Answer 40

A legal right to property

Question 41

Knowledge established for Deception

Answer 41

• Admissions
• Implication from the surrounding circumstances
• Propensity evidence

Question 42

What is required to be proved for deception?

Answer 42

• There was an intent to deceive
• That there was a representation by the defendant
• That the representation was false and:
  1. The defendant knew it was false
  2. Was reckless as to whether it was false

Question 43

Connection

Answer 43

Penetration is not required for Anus / Mouth