Case Law

Question 1

R v Koroheke (Genitalia)

Answer 1

The genitalia comprise the reproduction organs, interior and exterior…they include the vulva (and) the labia, both interior and exterior, at the opening of the vagina.

Question 2

R v Cox (Consent)

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 (Objective test)

Answer 3

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”.

Question 4

R v Koroheke (Consent)

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. For example, submission by a woman because she is frightened of what might happen if she does not give in or co-operate, is not true consent.

Question 5

R v Harpur (Attempt)

Answer 5

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”.

Question 6

R v Harpur (Sufficiently Proximate)

Answer 6

“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 its entirety. Considering how much remains to be done…is always relevant, though not determinative”.

Question 7

Cox (Consent)

Answer 7

“Although we do not exclude the possibility that a child of ten or eleven may be able to give a full, voluntary, free and informed consent to sexual intercourse, the circumstances that would justify that conclusion would be exceptional if not rare”.

Question 8

Cox (Consent - child)

Answer 8

“Save in exceptional and rare circumstance…even where she indicates an agreement to the act occurring…no reasonable adult would have grounds for believing that a ten or eleven year old girl has the experience or maturity to understand the nature and significance of the act”.

Question 9

R v Court (Indecency)

Answer 9

Indecency means “conduct that right -thinking people will consider an affront to the sexual modesty of the complainant”.

Question 10

R v Leeson (indecent Assault)

Answer 10

“The definition of indecent assault….is an assault accompanied with circumstances of indecency…”

Question 11

R v Forrest and Forrest

Answer 11

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