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 (consent)

Answer 2

Consent must be full, free, voluntary and informed, freely and voluntary given by a person in a position to form a rational judgement.

Question 3

R v Gutuama

Answer 3

Under the objective test the crown must prove that no reasonable person in the accused shoes could have thought that the victim was consenting.

Question 4

R v Forest & Forest

Answer 4

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

Question 5

R v Court

Answer 5

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

Question 6

R v Dunn

Answer 6

Indecency must be judged in the light of the time, place and circumstances. It must be something more than trifling and to sufficient to warrant the sanction of law.

Question 7

R v Leeson

Answer 7

Indecent assault is an assault accompanied with circumstances of indecency.

Question 8

R v Harpur

Answer 8

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 9

R v Collister

Answer 9

The offenders intent can be inferred by:
- the words and actions of the offender before, during and after the event.
- the surrounding circumstances.
- the nature of the act itself.

Question 10

R v Norris

Answer 10

Defence to indecent assault:
If the person charged can established they believed that the victim was consenting they are entitled to be acquitted, even if the grounds of their belief were unreasonable.

Question 11

R v Adam’s

Answer 11

The material time when consent, and belief in consent, is to be considered at the time the act actually took place.