New Zealand Incest

New Zealand Incest




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Question trails
Sex offences
Incest (Section 130 Crimes Act 1961)
Incest (Section 130 Crimes Act 1961)
On all issues the Crown must prove each element of the offence. That is called the burden of proof. The Crown carries that burden. Also, the Crown must prove each element beyond reasonable doubt. That is called the standard of proof. It means that the Crown must have made you sure that each element is proved.
Has the Crown made you sure that Mr Smith introduced his penis [or another part of Mr Smith’s body] [or an object held or manipulated by Mr Smith] into the genitalia [or mouth/anus] of Ms Jones?
[Note: Amend or delete the words in square brackets above as required.]
The slightest degree of introduction of the penis [or another part of Mr Smith’s body] [or object] into the genitalia [or mouth/anus] will be sufficient.
Has the Crown made you sure that Ms Jones is Mr Smith’s daughter?
[Note: It will be necessary to put in the specific relationship alleged, and to relate that to the list of relationships set out in s 130(1)(a).]
Has the Crown made you sure that Mr Smith knew that Ms Jones is his daughter?
[Note: It will be necessary to put in the specific relationship alleged, and to relate that to the list of relationships set out in s 130(1)(a).]
Has the Crown made you sure that Mr Smith was over the age of 16 years at the time he introduced his penis [or another part of Mr Smith’s body] [or an object held or manipulated by Mr Smith] into the genitalia [or mouth/anus] of Ms Jones?

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it is between 2 people whose relationship is that of parent and child, siblings, half-siblings, or grandparent and grandchild; and
the person charged knows of the relationship.
Every one of or over the age of 16 years who commits incest is liable to imprisonment for a term not exceeding 10 years.
Section 130: replaced, on 20 May 2005, by section 7 of the Crimes Amendment Act 2005 (2005 No 41).

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