Case Law Flashcards
R v Koroheke
The genitalia compromise the reproductive organs, interior and exterior.
They include the vulva and labia, both interior and exterior, at the opening of the vagina.
Consent: consent should be freely given, rather than the submission to something unwanted or unavoidable.
R v Cox
Consent must be full, voluntary, free and informed.
Freely and voluntary given by a person in a position to form a rational judgement.
R v Gutuama
Under the objective test, the crown must prove that “no reasonable person in the accuseds shoes could have thought that the complainant was consenting.
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.
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 it entirety. Considering how much remains to be done is always relevant, though not determantive.
R v Forest and Forest
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.
Eg..birth certificate
R v Leeson
The definition of indecent assault is an assault accompanied with circumstances of indecency.
R v Court
Conduct that right thinking people will consider an affront to the sexual modesty of the complainant.
R v Dunn
Indecency must be judged in light of time, place, and circumstances.
It must be more than trifling and be sufficient to warrant the sanction of law.
R v Harpur
An attempt includes an “act or omission,” constituting a substantial step in a course of conduct to culminate in his commission to the crime.
Always relevant, though not determinative, the defendants conduct may be considered in its entirety, up to the point when the conduct in question stops.
