Case Law Flashcards
R v Koroheke
The genitalia comprise the reproduction organs, interior and exterior…. they include the villa and the labia, both interior and exterior, at the opening of the vagina.
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.
Cannot be excluded that child of ten or eleven may be able to give full, voluntary, free and informed consent to sexual intercourse, the circumstances that would justify that conclusion would be exceptional if not rare.
No reasonable adult would have grounds to believe a ten or eleven year old girl has the experience or maturity to understand the nature and significance of the act.
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
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 cooperate is not true consent.
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.
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.
R v Forrest and Forrest
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age
R v Court
Indecency means; conduct that right thinking people will consider an affront to the sexual modesty of the complainant
R v Leeson
The definition of indecent assault is an assault accompanied by circumstances of indecency
