Case Law

Question 1

R V COX

Answer 1

Consent must be full, voluntary, free and informed.

Question 2

R v KOROHEKE

Answer 2

The genitalia comprise the reproductive organs interior and exterior. The labia and vulva at the opening of the vagina interior and exterior.

Question 3

R v GUTUAMA

Answer 3

No reasonable person in the accused’s shoes could believe the victim was consenting.

Question 4

R v KOROHEKE - Consent

Answer 4

It must be distinguished between consent that is given freely and submission by a women that is unwanted or unavoidable.

Question 5

R v LEESON

Answer 5

Indecent assault is an assault accompanied by circumstances of indecency

Question 6

R v FOREST AND FOREST

Answer 6

The prosecution must provide the best evidence possible to prove the victims age

Question 7

R v HARPUR

Answer 7

An attempt includes an act or omissions constituting a substantial step in a course of conduct planned to culminate in his commission of a crime.

Question 8

R v COURT

Answer 8

Indecency is conduct that right thinking people would consider an affront to the sexual modesty of the complainant.

Question 9

R v DUNN

Answer 9

Indecency must be judged in light of the time, place and circumstances.

Question 10

COX v R - consent (child indecent act)

Answer 10

Although we do not exclude that a child of 10 or 11 may be able to give full, voluntary, free and informed consent to sex, the circumstances that would justify that conclusion would be exceptional if not rare.