Case Law Flashcards
Case Law: Genitalia
R v Koroheke
The genitalia comprise the reproduction organs, interior and exterior. They include the vulva and labia, both interior and exterior and the opening of the vagina.
Case Law: Continuation
R v Kaitamaki
A man broke into a young womans house and raped her twice, claiming it was only during the second act of intercourse that he became aware she was not consenting. He admitted however that he had continued regardless.
Held as rape
Case Law: Consent
R v Cox
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.
Case Law: Reluctant Consent
R v Herbert
Held that a true consent may be given reluctantly or hesitantly and may be regretted afterwards, but if the consent is given even in such manner, provided it is without fear of the application of force, then the act of sexual connection would not be rape.
Case Law: Objective test
R v Gutuama
Under the objective test the crown must prove that ‘no reasonable person in the accused shoes could have throught that the complainant was consenting’
Case Law: Objective test (intoxication)
He argued that what may appear unreasonable to a sober person may well appear reasonable to a person under the influence of alcohol.
The court rejected that argument
Case Law: Relevent Consent
R v Adams
The material time when consent and belief in consent is to be considered is the time the act actually took place.
The real point is whether there was true consent at the time the act took place.
Case Law: Intent
R v Collister
Intent can be inferred by actions and words, said and made, before, during or after the event, the surrounding circumstances and the nature of the act itself
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 a crime
Case Law: Age
R v Forrest and Forrest
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.
Case Law: Indecency
R v Court
Indecency means conduct that right-thinking people will consider an affront to the sexual modesty of the complainant
Case Law: Objective test for indecency
R v Dunn
Indecency must be judged in light of the time, place and circumstances. It must be something more than trifling
Against reasonable standard of decency which ordinary and reasonable people ought to impose.
