Case Law Flashcards
R v Koroheke (Genitalia)
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.
Case Law - 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.
R v Cox (General Consent)
Consent must be ‘full, voluntary, free and informed . . . freely and voluntarily given by a person in a position to form a rational judgement’.
Case Law - General Consent Definition
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’.
R v Gutuama
Under the objective test Crown must prove that ‘no reasonable person in the accused shoes could have thought that the complainant was consenting’.
Case Law - Objective Test
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’
R v Horoheke (consent fear)
It is important to distinguish between consent that is freely given and submission by a woman to what she may regard as unwanted but unavoidable. For example, submission by a woman because she is frightened of what might happen if she does not give in or co-operate, is not true consent
Case Law - Consent (fear)
R v Horoheke
It is important to distinguish between consent that is freely given and submission by a woman to what she may regard as unwanted but unavoidable. For example, submission by a woman because she is frightened of what might happen if she does not give in or co-operate, is not true consent
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’.
Case Law - Attempts
R v Harpur
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 (sufficiently proximate)
‘The Court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops. . . the defendant’s conduct may be considered in its entirety. Considering how much remains to be done . . is always relevant, though not determinative.’
Case Law - Sufficiently Proximate
R v Harpur
‘The Court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops. . . the defendant’s conduct may be considered in its entirety. Considering how much remains to be done . . is always relevant, though not determinative.’
Cox v R (Reasonable belief in consent of a child)
Save in exceptional and rare circumstances . . . even where she indicates an agreement to the act occurring . . . no reasonable adult would have grounds for believing that a ten or eleven year old girl has the experience or maturity to understand the nature and significance of the act
Case Law - Reasonable belief in consent of a child
Cox v R
Save in exceptional and rare circumstances . . . even where she indicates an agreement to the act occurring . . . no reasonable adult would have grounds for believing that a ten or eleven year old girl has the experience or maturity to understand the nature and significance of the act
Case Law - Child Consent
Cox v R
Although we do not exclude the possibility that a child of ten or eleven may be able to give full, voluntary, free and informed consent to sexual intercourse, the circumstances that would justify that conclusion would be exceptional if not rare
