Case Law Flashcards
R v Koroheke
R v Koroheke 28/11/01, CA189/01
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.
R v Cox
R v Cox 7/11/96, CA213/96
Consent must be “full, voluntary, free and informed … freely and voluntarily given by a person in a position to form a rational judgment”.
R v Gutuama
R v Gutuama 13/12/01, CA275/01
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 (consent)
R v Koroheke 28/11/01 CA189/01
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.
R v Harpur
R v Harpur (2010) 24 CRNZ 909
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”.
R v Harpur (2010) 24 CRNZ 909
“[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 its entirety. Considering how much remains to be done … is always relevant, though not determinative.”
Cox v R (child consent)
Cox v R 7/11/96, CA213/96
“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.
Cox v R 7/11/96, CA213/96
“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.”
R v Forrest and Forrest
R v Forrest and Forrest [1970] NZLR 545 (CA)
“The best evidence possible in the circumstances should be adduced by the prosecution in proof of [the victim’s] age.”
R v Court
R v Court [1988] 2 All ER 221
Indecency means “conduct that right-thinking people will consider an affront to the sexual modesty of [the complainant]”.
R v Leeson
R v Leeson (1968) 52 Cr App R 185 (CA)
“The definition of ’indecent assault’ … is an assault accompanied with circumstances of indecency …”
