Case Law

Question 1

Genitalia

Answer 1

R v Koroheke
The Genitalia comprise the reproduction organs, interior and exterior….they incude the vulva, and labia, both interior and exterior, at the opening of the vagina.

Question 2

Consent

Answer 2

R v Cox
Consent must be free, voluntary, full and informed, by a person in a position to form a rational judgement.

Question 3

Objective test for consent.

Answer 3

R v Gutuama
Under the objective test the Crown must prove that, no reasonable person in the accused shoes could have thought that the complaint was consenting.

Question 4

Consent but not

Answer 4

R v Koroheke
Important to distinguish between consent given freely and a submission by a woman to what she may regard as unwanted but unavoidable. Eg. Frightened of what might happen if she does not give in, or co-operate.

Question 5

Intent

Answer 5

R v Collister
Circumstances help to prove defendants intent;
Words and actions immediately before, during or immediately after the act.
Surrounding circumstances.
Nature of the act.

Question 6

Attempts

Answer 6

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 the crime.
View all conduct cumulatively to get to attempt charge.

Question 7

Consent of a child

Answer 7

Cox v R
10 + 11yr old may know what sexual connection is, may indicate agreement and consent, however, no reasonable adult would have grounds for believing that child have the maturity to understand nature and significance of act.
Although not excluded that the child may understand and consent, circumstances would be exceptional and rare.

Question 8

Proving the child’s age

Answer 8

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

Question 9

Indecency - Right thinking people

Answer 9

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

Question 10

Indecency - Must be judged

Answer 10

R v Dunn
Indecency must be judged on time, place, and circumstances. More than trifling and sufficient to warrant the sanction of the law.

Question 11

Indecent

Answer 11

R v Leeson
An assault accompanied with circumstances of indecency.

Question 12

Entitled to be aquitted of indecent assault

Answer 12

R v Norris
If defendant is able to establish that they honestly believed the complainant was consenting, entitled to be acquitted, even though grounds were unreasonable.

Question 13

Consent to be effective

Answer 13

R v Cook
For consent to be effective, it must be real, genuine or true, expressed by either words, actions or both