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 Koroheke (Absence of Consent)

Answer 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, 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 3

R v Cox

Answer 3

Consent must be “Full voluntary, free and informed… freely and voluntarily given by a person in a position to form a rational judgement”

Question 4

R v Gutuama

Answer 4

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 5

R v Harpur (An 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

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

Question 7

R v Forrest and Forrest

Answer 7

“The best evidence possible in the circumstances should be adduced by the prosecution in proof of [the victim’s] age.”

Question 8

R v Leeson

Answer 8

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