Case Law Flashcards
Genitalia
R v Koroheke
The genitalia comprise the reproduction organs, interior and exterior … they include the vulva (and) the labia, both interior and exterior, at the opening of the vagina
Consent
R v Cox
Consent must be “full, voluntary, free and informed … freely and voluntarily given by a person in a position to form a rational judgement.
Consent
R v Gutuama
Under the objective test the Crown must prove that “no reasonable person in the accused’s shoes could have thought that the complainant was consenting”
Proving Age
R v Forrest and Forrest
“The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victim’s age”
Indecency
R v Court
Indecency means “conduct that right-thinking people will consider an affront to the sexual modesty of the complainant”
Indecency
R v Dunn
indecency must be judged in the light of the time, place and circumstances. it must be something more that trifling, and be sufficient to “warrant the sanction of the law.”
Indecent Assault
R v Leeson
“The definition of ‘indecent assault’ … is an assault accompanied with the circumstances of indecency…”
Indecent Assault - Defense
R v Norris
If a person who is charged with indecent assault is able to establish that they honestly believed that the complainant was consenting, they are entitled to be acquitted even though the grounds of his belief were unreasonable.
Intent (Serious Assault)
R v Taisalika
The nature of the blow and the gash which is produced point strongly to the presence of the necessary intent.
Intent
R v Collister
Circumstantial evidence from which an offender’s intent may be inferred can include:
- the offender’s actions and words before, during and after the event
- the surrounding circumstances
- the nature of the act itself
Grievous bodily harm
DPP v Smith
‘Bodily harm’ needs no explanation and ‘grievous’ means no more and no less than ‘really serious’.
Wound
R v Waters
A wound is a ‘breaking of the skin evidences by the flow of blood. may be internal or external’.
Disfigures
R v Rapana and Murray
Disfigures covers not only permanent damage but also temporary damage.
Injures
R v Mcarthur
bodily harm includes any hurt or injury calculated to interfere with the health or comfort of the victim. it need not be permanent but must be more than transitory and trifling.
Recklessness
R v Cameron
Recklessness is established if:
(a) the defendant recognized that there was s real possibility that:
(i) his or her action would bring about the prescribed result; and/or
(ii) that the proscribed circumstances existed; and
(b) having regard to that risk those actions were unreasonable.
