Caselaw

Question 1

R v Koroheke
Genitalia

Answer 1

Genitalia

The genitalia comprise the reproductive organs, interior exterior, they include the vulva, the labia both interior and exterior, at the opening of the vagina

Question 2

R v Gutuama

Objective test-Consent

Answer 2

Objective test- reasonable grounds for belief in consent

Under the objective test the crown must prove that ’ no reasonable person in the accused shoes could have thought that the complainant was consenting’

Question 3

R v Cox

Answer 3

Consent must be ‘full, voluntary free and informed and freely involuntarily given by a person in a position to form a rational judgement

Question 4

R v Court

Answer 4

Indecency

Indecency means ‘ conduct that right thinking people will consider an affront to the sexual modesty of the complainant’

Question 5

R v Dunn

Answer 5

Objective test for indecency

Indecency must be judged by time place and circumstance.
It must be something more than trifling, and be sufficient to ’warrant the sanction of the law ‘

Question 6

R v Koroheke

Fear of force

Answer 6

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, it is not true consent

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

The court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops. The defendants conduct may be considered in its entirety considering how much remains to be done is always relevant though not determinative

Question 8

R v Forrest and Forrest

Answer 8

The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age