Court Martial Act 2007

Jurisdiction, procedures, and powers - Jurisdiction and sittings of Court Martial - Sittings of Court Martial

41: Application of section 42

You could also call this:

"When section 42 applies to sexual violation court cases"

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You are involved in a court case under the 1971 Act. This is a case involving sexual violation. Section 42 applies to your case if you are charged with certain offences. These offences are listed in sections like section 74 of the Act. You can be charged with offences such as sexual violation or attempted sexual violation. Other offences include assault with intent to commit sexual violation. There are also offences like sexual conduct with consent induced by threats, which is covered in section 129A of the Crimes Act 1961. You can also be charged with offences like compelling indecent act with an animal, which is covered in section 142A of the Crimes Act 1961. Section 42 also applies if you are charged with aiding or abetting someone to commit these offences, which is covered in section 75 of the Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1001981.

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Part 2Jurisdiction, procedures, and powers
Jurisdiction and sittings of Court Martial: Sittings of Court Martial

41Application of section 42

  1. Section 42 applies to any proceedings under the 1971 Act (a case involving sexual violation) in which a person is charged with, or is to be sentenced for, an offence against—

  2. section 74 of that Act, where the corresponding civil offence is—
    1. sexual violation:
      1. attempted sexual violation:
        1. assault with intent to commit sexual violation:
          1. an offence against section 129A of the Crimes Act 1961 (sexual conduct with consent induced by certain threats):
            1. an offence against section 142A of the Crimes Act 1961 (compelling indecent act with an animal):
            2. section 75 of that Act, where the offence is one of aiding, abetting, inciting, counselling, procuring, or conspiring with any person to commit any offence referred to in paragraph (a)(i) to (v).