Case Law Flashcards
R v Mohan
A decision to bring about, in so far as it lies within the accused’s power, the commission of the offence …
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 Koroheke
The genitalia comprise the reproductive organs, interior and exterior … they include the vulva [and] the labia, both interior and exterior, at the opening of the vagina.
R v Forrest and Forrest
Proving Age: The best evidence possible in the circumstance should be adduced by the prosecution in proof of [the victims] age”.
R v Court
Indecency: Indecency means “conduct that right-thinking people will consider an affront to the sexual modesty of [the complainant]”.
R v Cox
Consent must be “full, voluntary, free and 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 Leeson
Indecent assault: The definition of “indecent assault” … is an assault accompanied with circumstances of indecency …
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.
