CASELAW

Question 1

• R v KOROHEKE (genitalia)

Answer 1

The genitalia comprise the reproductive 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 KOROHEKE (consent)

Answer 2

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.

Question 3

• R v COX

Answer 3

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

Question 4

• R v COX (child)

Answer 4

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 5

• R v COX (understanding)

Answer 5

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 6

• R v GUTUAMA

Answer 6

Under the objective test the Crown must prove that no “reasonable person in the accused’s shoes could have though that [the complainant] was consenting”.

Question 7

• R v HARPUR (attempt)

Answer 7

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 8

• R v HARPUR

Answer 8

[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 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…