Case Law

Question 1

R v Cox

Answer 1

Consent must be full, voluntary, free and informed, freely and voluntary given by a person in a position to form a rational judgement

Question 2

R v Koroheke

Answer 2

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

Part 2

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 submissions 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 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

Answer 4

The court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops. The defendants conduct may be considered in its entirety. Considering how much remains to be done is always relevant though not determinative

Part 2

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 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 victims 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 Cox

consent child

Answer 7

Save in exceptional and rare circumstances even when 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

Part 2

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

R v Court

Answer 8

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