Case Law Flashcards
R v Koroheke
Genitalia
The Genitalia comprise the reproduction organs, interior and exterior … they include the vulva and labia, both interior and exterior, at the opening of the vagina.
R v Cox
Consent
Consent must be “full, voluntary, free and informed … freely and voluntarily given by a person in a position to form a rational judgment”
R v Gutuama
Consent
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”
R v Forrest and Forrest
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age
R v Court
Indecency means “conduct that right thinking people will consider an affront to the sexual modesty of the complainant”
R v Collister
Circumstantial evidence from which an offenders intent may be inferred can include
The offenders actions and words before, during and after the event
The surrounding circumstances
The nature of the act itself
Rape
Person A Rapes Person B, if Person A has sexual connection with Person B effected by the penetration of Person B’s genitalia with Person A penis.
Without Person B”s consent to the connection and without believing or reasonable grounds that Person B consents to the connection.
Penetration
Introduction to the slightest degree is enough to effect a connection.
Proof of penetration
Medical exam
Complainant admissions
Defendant admission
Sexual Connection
Connection effected by the introduction into the genitalia or anus of one person, otherwise than for genuine medical purpose.
Subjective objective test
Complainant did not consent
Offender did not believe there was consent
Consent on the grounds consent was not reasonable
Unlawful Sexual Connection
Person A has Unlawful sexual connection with Person B if Person A has sexual connection without Person B’s consent to the connection and without believing on reasonable grounds the Person B consents to the connection.
Assault
Intentionally applying or attempt to apply force to person of another, directly or indirectly, or threatening by any act or gesture to apply such a force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that he has, present ability to effect his purpose.
Indecent Assault
R v Leeson
R v Norris
R v Leeson
Assault accompanied with circumstances of indecency
R v Norris
If a person charged with indecent Assault is able to establish that they honestly believed the complainant was consenting they are entitled to be acquitted.
