Case Law

Question 1

R v Koroheke (genitalia)

Answer 1

The genitalia comprise the reproductive organs, interior and exterior…they include the vulva and the labia, both interior and exterior

Question 2

R v Cox

Answer 2

Consent must be full, voluntary; free and informed… freely and voluntarily 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 complainant was consenting.

Question 4

R v Koroheke (consent not valid due to threats)

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. Ie submission by a woman because she is frightened of what might happen if she does not give in or cooperate is not true consent

Question 5

R v Harpur

Answer 5

An attempt includes an act or omission constituting a substantial step in a course of conduct planned to culminate in the commission of the crime

The court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops

Question 6

R v Cox (re child consent?)

Answer 6

The circumstances in which a child of ten or eleven may be able to give a full, voluntary, free and informed consent to sex would be exceptional if not rare

…no reasonable adult would have grounds for believing that a 10/11yr old has the experience or maturity to understand the nature and significant of the act

Question 7

R v Forrest and Forrest

Answer 7

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

Question 8

R v Court

Answer 8

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

Question 9

R v Leeson

Answer 9

The definition of indecent assault is

An assault accompanied by circumstances of indecency