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.
R v Cox
Consent
Consent must be full, voluntary, free and informed. It must be freely and voluntarily given by a person in a position to form a rational judgement
R v Gutuama
Objective test - 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 Koroheke
Consent - submission
Submission by a woman because she is frightened of what might happen if she does not cooperate 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
R v Harpur
Attempts - 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. How much of the offence is left to be done is is always relevant, although not determinative
Cox v R
Consent of a child
Although we do not exclude the possibility that a child may be able to give full, voluntary, free and informed consent to sexual intercourse, the circumstances would be exceptional if not rare
Cox v R
Consent of a child - reasonable belief
No reasonable adult would have grounds for believing that a ten or eleven year old child has the experience or maturity to understand the nature and significance of the act
R v Forrest and Forrest
Proof of child’s age
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victim’s age
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
The definition of indecent assault is an assault accompanied with circumstances of indecency
