Case Law

Question 1

R v Koroheke - Gen

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 Cox

Answer 2

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

Question 3

R v Gutuama

Answer 3

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 4

R v Koroheke - Con

Answer 4

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 5

R v Harpur - Att

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

Question 7

Cox v R - Exclude

Answer 7

“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.

Question 8

Cox v R - Exceptional

Answer 8

“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.”

Question 9

R v Forrest and Forrest

Answer 9

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

Question 10

R v Court

Answer 10

Indecency means “conduct that right-thinking people will consider an affront to the
sexual modesty of [the complainant]”.

Question 11

R v Leeson

Answer 11

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