Case Law Flashcards
R v Koroheke
The genitalia comprise the reproductive organs, interior and exterior. They include the vulva and labia, interior and exterior at the opening of the vagina
R v Cox
Consent must be full, voluntary, free and informed. Freely and voluntarily given by a person in a position to make a rational judgement.
R v Gutuama
Under the objective test the Crown must prove that no reasonable person in the accused shoes could have thought that the complainant was consenting.
R v Mohan
Intent involves a decision to be made, in so far as it lies within the accused power, the commission of the offence.
R v Waaka
A fleeting or passing thought is insufficient. There must be a firm intent or a firm purpose to effect an act.
R v Harpur
The court may have regard for the conduct viewed cumulatively up to the point where the conduct in question stops. The defendant’s conduct may be viewed in it’s entirety. Considering how much remains to be done is always relevant though not determinative.
R v Forrest and Forrest
The best evidence in the circumstances must be adduced by the prosecution in proof of the victim’s age.
R v Court
Indecency means conduct that a right thinking person would find an affront to the victim’s sexual modesty.
R v Leeson
The definition of indecent assault is an assault accompanied with circumstances of indecency.
