Case Law Flashcards
What is the case law from R v KOROHEKE relating to genitalia?
The genitalia comprise the reproduction organs, both interior and exterior, they include the vulva and labia, both interior and exterior at the opening of the vagina. (KOROHEKE)
What is the case law from R v KOROHEKE relating to consent?
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. (KOROHEKE)
What is the case law which defines consent?
Consent must be full, voluntary, free and informed… freely and voluntarily given by a person in a position to form a rational judgement. (COX)
What is the case law relating to consent of a child?
Although we do not exclude the possibility that a child of 10 or 11 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. (COX)
What case law from R v Cox which relates to consent of a child except in exceptional and rare circumstances?
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 10 or 11 year old girl has the experience or maturity to understand the nature and significance of the act. (COX)
What is the case law relating to the objective test?
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. (GUTUAMA)
What is the case law which provides the definition for an ‘attempt’?
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. (HARPUR)
What is the case law describing the parameters of an ‘attempt’?
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’s entirety. Considering how much remains to be done is always relevant, though not determinative. (HARPUR)
What is the case law regarding the evidence required relating to the Victims age?
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the Victims age. (FORREST & FORREST)
In general this involves producing the Victim birth certificate in conjunction with independent evidence that names the Victim as the person on the certificate.
What is the case law which provides the definition for indecent assault?
The definition of indecent assault is an assault accompanied with circumstances of indecency. (LEESON)
What is the case law which provides a definition for indecency?
Indecency means conduct that right thinking people consider an affront to the sexual modesty of the complainant. (COURT)
