Case Law Flashcards
R V KOROHEKE (genetalia) (Must Know)
The genitalia comprise the reproductive organs both interior and exterior, includes the vulva, labia interior and exterior at the opening of the vagina.
R V COX (Must Know)
Consent must be full, voluntary, free and informed, given by a person in a position to form a rational judgement.
R v Herbert (Reluctant Consent)
Reluctant consent was discussed, the court held that a true consent may be given reluctantly or hesitantly and may be regretted afterwards. But if the consent is given in such a manner provided it is without fear of the application of force or the result of actual or threatened force, the the act of sexual connection would not be rape.
R V GUTUAMA (Must Know)
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 KOROHEKE (S128A) (Must Know)
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
R v Williams
Choirmaster had sexual connection on the pretense he was performing a procedure to improve her singing voice. She had consented to medical procedure, not rape.
R V FLATTERY
A 14 YO girl consented to intercourse because she had been led to believe it was a form of medical treatment.
R v Murphy
defendant got into his bed beside a drunk sleeping woman who had consensual sex with another male. Murphy initiated and the women participated willingly believing it was the other male. Murphy convicted of rape.
R v Isherwood
complainant submitted to sex with two men who had administered her drugs. As a result she felt unable to resist.
R v collister
Intent can be inferred through the circumstances
Words said before during and after
Surrounding circumstance
Nature of the act itself.
R V HARPUR (Must Know)
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.
Court may have regard to the conduct viewed cumulatively up to the point where it stops. The defendant’s conduct may be considered in its entirety. Considering how much remains to be done is always relevant.
R V FORREST & FORREST (Must Know)
Best evidence possible in the circumstance should be adduced by the prosecution in proof of the victim’s age.
R V COURT
Indecency means conduct that right thinking people will consider an affront to the sexual modesty of the complainant.
R v Dunn
Indecency must be judged in the light of the time, place and circumstances and must be more than trifling and warrant the sanction of law.
R V LEESON (Must Know)
Indecent assault is an assault accompanied by circumstances of indecency
