Caselaw Flashcards
R V Harpur
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 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 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 Koroheke - Genitalia
The genitalia comprises 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 Cox - Consent
Consent must be full, and informed. Freely and voluntarily given by a person in a position to form rational judgement.
R v Gutuama - Consent (Objective Test)
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 Koroheke - Submission
It is important to distinguish between Consent that is freely given and submission by a women to what she may regard as unwanted but unavoidable.
R v Cox - Child Consent
It is possible that a child of 10/11yrs may be able to give a full, free, voluntary and informed consent, the circumstances that would justify that conclusion would be exceptional if not rare. Even where she indicates agreement to the act occurring, no reasonable adult would have grounds for believing that they have the experience or maturity to understand the nature and significance of the act.
R v Forrest and Forrest
the best evidence possible in the circumstances should be adduced by the prosecution in proof of the victim’s age.
R v Court
Indecency means “conduct that right-thinking people will consider an affront to the sexual modesty of the complainant”.
R v Leeson
The definition of indecent assault is an assault accompanied with circumstances of indecency.
