Case Law Flashcards
R v Collister
Intent
Circumstantial evidence from which an offender’s intent may be inferred can include:
- the offender’s actions and words before, during and after the event
- the surrounding circumstances
- the nature of the act itself.
R v Cook
Consent
“Real, genuine or true consent, may be conveyed by words or conduct or both”.
R v Court
Indecency
Indecency means “conduct that right-thinking people will consider an affront to the sexual modesty of [the complainant]”.
R v Cox
Consent
Consent must be “full, voluntary, free and informed … freely and voluntarily given by a person in a position to form a rational judgment”.
Cox v R
Child
“Although we do not exclude the possibility that a child of ten or eleven may be able to give a full, voluntary, free and informed consent to sexual intercourse, the circumstances that would justify that conclusion would be exceptional if not rare.
Cox v R (2)
Child
“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.”
R v Forrest and Forrest
Age
“The best evidence possible in the circumstances should be adduced by the prosecution in proof of [the victim’s] age.”
R v Gutuama
Objective
Under the objective test the Crown must prove that “no reasonable person in the accused’s shoes could have thought that [the complainant] was consenting”.
R v Harpur
Attempt
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”.
R v Harpur (2)
Attempts
“[The Court may] have regard to the conduct viewed cumulatively up to the point when the conduct in question stops …the defendant’s conduct [may] be considered in its entirety. Considering how much remains to be done … is always relevant, though not determinative.”
R v Koroheke
Genetalia
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.
R v Koroheke (2)
Consent
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.
R v Leeson
Indecent assault
“The definition of ’indecent assault’ … is an assault accompanied with circumstances of indecency …”
R v Kaitimaki
Continuation
A man broke into a woman’s house and raped her twice. Kaitmaki claimed it was only during the second act he became aware she wasn’t consenting however continued regardless.
