Case Law Flashcards
R v Court
Indecency means conduct that right thinking people will consider an affront to the sexual modesty of the complainant.
R v Forrest and Forrest
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victim’s age.
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.
R v Waaka
A fleeting or passing thought is not sufficient. There must be a firm intent or a firm purpose to effect an act.
R v Mohan
Intent involves a decision to bring about, in so far as it lies within the accused’s power, the commission of the offence.
R v Cox
Consent must be full, voluntary, free & informed….freely and voluntarily 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 accused’s shoes could have thought that the complainant was consenting.
R v Koroheke
The genitalia comprise the reproductive organs, interior & exterior. They include the vulva & labia, both interior & exterior, at the opening of the vagina.
R v Kaitamaki
If, after he has penetrated a woman, a man realises that she is not consenting (or has never consented) but he continues, that act of intercourse becomes rape.
R v Leeson
The definition of indecent assault is an assault accompanied with circumstances of indecency.
R v Herbert
A true consent may be given reluctantly or hesitantly and might be regretted afterwards, but if consent is given even in such a manner, provided it is without fear of the application of force or the result of actual or threatened force, then the act of sexual connection would not be rape.
R v Collister
The demeanour of the prisoner & the circumstances of the case are such that an ordinary man would understand that a demand for money was being made on him.
R v Dunn
Indecency must be judged in light of the time, place & circumstances. It must be something more than trifling, and be sufficient to warrant the sanction of the law.
