Summative 2 Definitions/Notes Flashcards
Young Person
Crimes Act 1961 Section 210
A person under the age of 16 Years
Entice
Tempt, persuade or attract by arousing hope or desire.
Application for knowing
CA 61
S210(2)
Receives
Section 210A
People claiming good faith to possession of a young person under 16 cannot be convicted of an offence under section 209 or 210.
Sent/Taken Away
Sent suggests the person left the country on their own, possibly by duress.
Taken suggests they were accompanied by another person.
Imprison
Keep someone as if they are in prison. Has a narrower meaning than confine.
Consent
conscious and voluntary agreement to something desired or proposed by
another.
Unlawfully
Without lawful justification or exuse
To obtain consent by fraud
Deceive the victim into agreeing to a proposition by misrepresenting the facts or their intentions.
To obtain consent by duress.
To accept an an offenders demands based on the fear of the consequences if they refuse.
Marry
Engage in a marriage in accordance with the Marriage Act of 1955
Sexual Connection
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
Ransom
A sum of money demanded or paid for the release of a person being held captive.
Service
To Keep as a servant or slave.
Confined
Restricting of persons movement to within a geographical area and having control over their activities.
List other miscellaneous provisions regarding abduction of YP under 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
What must be proved in all cases of sexual violation?
- 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.
Person
Accepted by JN / CE
Sexual Violation
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.
Rape
CA.61 S.128(2)
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.
Penetration
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.
Sexual Connection
CA.61 S.2
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
Proof of penetration is required, 3 ways of proving:
- Complainant’s evidence
- Medical exam
- Accused’s admissions
Genitalia
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).
Consent
A person’s conscious and voluntary agreement to something desired or proposed by another
Attempts
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.
Eight Matters that Do Not Constitute Consent CA.61 S.128A
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
Unlawful Sexual Connection CA.61 S128(3)
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
“Child” in relation to Crimes Act 1961
A person under 12
“Young person” in relation to Crimes Act 1961
Person under 16 years.
What must the prosecution prove for indecent assault
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
Property
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.
Dishonestly
Acting without a belief that there was expressed or implied consent from a person in a position to give such consent or authority.
Claim of right
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.
Document
S217 CA - a document, or part of a document, in any form.
Use
To use in any way.
Deception
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.
Control Over
Oxford Dictionary: The power of directing command.
Privilege/Benefit
A special right or advantage
What is title?
A legal right to property
Knowledge established for Deception
- Admissions
- Implication from the surrounding circumstances
- Propensity evidence
What is required to be proved for deception?
- 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
Connection
Penetration is not required for Anus / Mouth
