Case law only Flashcards
R v Koroheke (definition of genitalia)
The genitalia comprise of the reproductive organs, interior and exterior…. They include the vulva and the labia, both interior and exterior, at the opening of the vagina
R v Koroheke (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.
R v Cox (consent)
Consent must be “full, voluntary, free and informed….freely and voluntarily given by a person in a position to form a rational judgement”
R v Cox (child consent)
Although we do not exclude the possibility that a 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
R v Gutuama
No reasonable person in the accused’s shoes could have thought that the complainant was consenting
R v Harpur
Conduct can be viewed cumulatively up to the point when the conduct in question stops.
Considering how much remains to be done is always relevant, though not determinative
R v Forrest and Forrest
The best evidence possible should be provided by prosecution in proof of the victims age
R v Leeson
Indecent assault = assault accompanied with circumstances of indecency
R v Cox (reasonable adult having grounds to believe a child giving consent)
Save in exceptional and rare circumstances
no reasonable adult would have grounds for believing that a ten or eleven yo girl would have the experience or maturity to understand the nature and significance of the act
R V Harpur
An attempt includes
LEARN THIS ONE
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
An attempt includes
LINE ONE
An act or omission constituting
R V Harpur
An attempt includes
LINE 2
a substantial step in a course of
conduct
R V Harpur
An attempt includes
LINE 3
planned to culminate
R V Harpur
An attempt includes
LINE 4
in his commission of the crime
