Case Law

Question 1

R v KOROHEKE

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

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

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 HARPUR (Attempts Include)

Answer 4

An attempt includes an act or omission constituting a substantial step in a course of conduct planned to culminate in the commission of the crime.

Question 5

R v FORREST and FORREST

Answer 5

The best evidence possible in the circumstances should be adduced by the prosecution in proof of the Victim’s age.

Question 6

R v LEESON

Answer 6

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

Question 7

R v KOROHEKE (Consent)

Answer 7

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.

Question 8

R v HARPUR (Cumulative Conduct)

Answer 8

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 9

R v COX (Child under 12)

Answer 9

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

Question 10

COX v R

Answer 10

Save in exceptional and rare circumstances, 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 11

R v COURT

Answer 11

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