Case Law

Question 1

R v Cox

Answer 1

Consent is full, voluntary, free and informed. Freely and voluntarily given by a person who is in a position to form a rational judgement.

Question 2

R v Gutuama

Answer 2

No reasonable person in the accused’s shoes could have thought that the complainant was consenting’.

Question 3

R v Koroheke

(Consent)

Answer 3

Consent freely given, rather than submission to something unwanted or avoidable.

Question 4

R v Koroheke

(Genitalia)

Answer 4

Reproduction organs, internal and external.

Question 5

R v Court

(Indecent assault)

Answer 5

Conduct that right thinking people will consider an affront to the sexual modesty of the complainant.

Question 6

R v Dunn

(Indecency)

Answer 6

Indecency must be judged in the light of the time, place and circumstances. Must be more than trifling.

Question 7

R v Forest and Forest

Answer 7

The best evidence possible in the circumstances should be adduced by the prosecution in proof of the Victims age.

Question 8

R v COLLISTER

(Intent)

Answer 8

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 and the nature of the act itself.

Question 9

R v Leeson

Indecent Assault

Answer 9

The definition for ‘indecent assault’ … is an assault accompanied with circumstances of indecency.