Case Law Flashcards
Genitalia
R v Koroheke
The genitalia comprise the reproductive organs both interior and exterior, they include the vulva and labia both interior and exterior at the opening of the vagina
Consent
R v Cox
Consent must be free, full, voluntary and informed, freely and voluntarily given by a person in a position to make a rational judgement
Reasonable grounds
R v Gutuama
Under the objective test the crown must prove that no reasonable person in the accused shoes could have though the complainant was consenting.
Matters that don’t constitute consent
R v Koroheke
It is important to distinguish between consent that is freely given and submission by a woman to what she may regard as unwanted or unavoidable.
Attempt
R v Harpur
An attempt includes an act or omission constituting a substantial step in the course of conduct planned to culminate in his commission of the crime
Sufficiently proximate
R v Harpur
the court may have regard to the conduct viewed cumulatively up until the conduct in questions stops. the defendants conduct may be viewed in its entirety. Considering how much remains to be done is always relevant but not determinative.
Consent of a child
Although it is possible for a child of 10 or 11 to give free full and voluntary consent to sexual intercourse the circumstances that would justify this are extremely rare and even when a child does do this no reasonable adult would have grounds for believing that the child has the experience or maturity to understand the nature and quality of the act.
Age
R v Forrest and Forrest
The best evidence in the circumstances should be produced by the prosecution in proof of the victims age.
Indecency
R v Court
Indecency means conduct that right thinking people will consider a affront to the sexual modesty of the complainant.
Indecent assault
R v Leeson
The definition of indecent assault is an assault accompanied with circumstances of indecency.
