Case Law Flashcards
R v Forrest & Forrest - ‘Age’
Best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age
- R v Koroheke - ‘Genetalia’ *
The genetalia comprise of the reproduction organs, interior and exterior
R v Cox - ‘Consent’
Consent must be full, voluntary, free and informed. Given by a person in a position to form a rational judgement.
R v Gutuama - ‘Objective Test’
Crown to prove that no reasonable person in the accused shoes could have thought the complainant was consenting
R v Court - ‘Indecency’
Indecency means conduct that right thinking people will consider an affront to the sexual modesty of the complainant
- R v Leeson - ‘Indecent Assault’ *
Definition of Indecent Assault is an assault accompanied with circumstances of indecency
- R v Koroheke - ‘Consent’ *
Important to distinguish between consent given freely and consent given by person who regards it as unwanted but unavoidable. Submission given by person who is frightened of what may happen if they do not cooperate is not true consent
Cox v R - ‘Consent of a Child’
A child giving full, voluntary, free and informed consent to sexual intercourse, in the circumstances would justify the conclusion that it would be exceptional if not rare. Even where they indicate consent, no reasonable adult would have grounds for believing that child has the experience or maturity to understand the nature and significance of the act.
R v Harpur - ‘Attempts’
An attempt includes ‘an act or omission constituting a substantial step in a course of conduct planned to culminate in his commission of the crime
R v Harpur - ‘Proximity’
The court may have regard to conduct viewed cumulatively up to the point when the conduct in question stops. The defendants conduct may be considered in its entirety. Considering how much remains to be done is always relevant, though not determinative.
