Case Law

Question 1

R v Koroheke 1

Answer 1

The genitalia comprise the reproductive 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 someone 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 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, is not true consent.

Question 5

R v Harpur - attempt defined

Answer 5

An attempt includes and 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 - Attempts conduct

Answer 6

The court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops, and 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 - Child consent

Answer 7

Although the possibility that a child of ten or eleven may be able to give full, voluntary, free and informed consent to sexual intercourse is not excluded, the circumstances justifying that conclusion would be exceptional if not rare.

Question 8

Cox v R - reasonable belief

Answer 8

Save in exceptional and rare circumstances, even where the child indicates an agreement to the act occurring, no reasonable adult would have grounds for believing that a 10 or 11 year old 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 = trying to court = just a creep

Answer 10

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

Question 11

R v Leeson

Answer 11

The definition of indecent assault is an assault accompanied by circumstances of indecency