Case Law Flashcards
Genitalia
R v Koroheke
The genitalia comprise the reproduction organs, interior and exterior… they include the vulva and labia, both interior and exterior, at the opening of the vagina
Removing consent
R v Kaitamaki
There is an obligation on a person to stop sexual activity at the point he realises the other person is, or may be, no longer willing - failure to do so may render a previously consensual act unlawful.
Consent
R v Cox
Consent must be full, voluntary, free and informed… freely and voluntarily given by a person in a position to form a rational judgement.
Objective test for consent
R v Gutuama
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
Force or threat of force
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 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.
Attempts - Does or omits an act
R v Harpur
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
Attempts - Acts sufficiently proximate
R v Harpur
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 it entirety. Considering how much remains to be done is always relevant though not determinative
Consent of a child
Cox v R
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
Reasonable belief in consent of a child
Cox v R
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
Proof of age
R v Forrest and Forrest
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.
Indecency
R v Court
Indecency means conduct that right-thinking people will consider an 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.
