Caselaw Flashcards
R V Koroheke (genitalia)
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 Koroheke (free 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
Cox v R 07/11/96 (Consent for child)
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 07/11/96 (Experience/maturity)
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 Gutuama
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 Harpur (Conduct)
The court may - have regard to the conduct viewed cumulatively up to the point when the conduct in questions stops. The Defendant’s conduct may be consider in its entirety. Considering how much remains to be done is always relevant, though not determinate.
R V Harpur (attempts)
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 Court (Indecency meaning)
Indecency means “conduct that right-thinking people wil consider an affront to the sexual modesty of the (complainant).
R v Leeson (Indecent assault meaning)
The definition of “indecent assault” is an assault accompanied with circumstances of indecency”.
R v Kaitamaki
A man broke into a young woman’s house and raped her twice, claiming it was only during the second act of intercourse that he became aware she was not consenting. He admitted however that he continued regardless.
R v Foreest and Forrest
The best evidence possible in the circumstances should be adduced by the prosecution in proof of (the victims) age.
