Case Law

Question 1

R v Koroheke

Answer 1

The genitalia comprise of the reproduction organs, interior and exterior ..they include the vulva and the labia, both interior and exterior at the opening of the vagina.

Question 2

R v Cox

Answer 2

Consent must be “full, voluntary, free and informed … freely and voluntarily given by a person in a position to form a rational judgment “

Question 3

R v Gutuama

Answer 3

Under the objective test he crown must prove that “no reasonable person in the accused shoes could have thought that a the complainant was consenting”.

Question 4

R v Koroheke (2)

Answer 4

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, it not true consent.

Question 5

R v Harpur

Answer 5

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”.

Question 6

R v Harpur (2)

Answer 6

The court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops .. the defendants conduct may be considered in its entirety. Considering how much remains to be done…is always relevant, though not determinative.

Question 7

Cox v R

Answer 7

Although we dot not exude 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.

Question 8

Cox v R (2)

Answer 8

“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”.

Question 9

R v Forrest and Forrest

Answer 9

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

Question 10

R v Court

Answer 10

Indecency means “conduct that right thinking people will consider an affront to the sexual modesty of the complainant”.

Question 11

R v Lesson

Answer 11

The definition of indecent assault ..is an assault accompanied with circumstances of indecency.