Main body notes

Question 1

R v Herbert

Answer 1

Reluctant consent is still consent even if it is regrettable

Question 2

R V Willams

Answer 2

Church choir master had sexual connection with 16 year old girl by consent but deceiving her by saying that it will boost her performance

Question 3

Deception definition

Answer 3

A) a false representation, whether oral, documentary or by conduct, where the person making the representation intends to deceive any person (knows that it is false in a material particular or is reckless as to whether it is false in a material particular
B) An omission to disclose a material particular with the intent to deceive any person in circumstances where there was a duty to disclose it or
C) a fraudulent device, trick or stratagem used with intent to deceive any person.

Question 4

Attempts definition and ingredients

Answer 4

s72 C.A. 1961 EHD eat hats daily
Everyone
Has intent to commit an offence
Does or omits an act to accomplish his objective.

Question 5

when is consent valid?

Answer 5

R v Adams (Lance) - The material time when consent and the belief in consent.

Question 6

R v Cook

Answer 6

Consent must be real genuine or true consent and it maybe conveyed with words or conduct or both

Question 7

R v Gutuama

Answer 7

Under the objective test the crown must prove the “no reasonable person in the defendants shoes could of believed that the complaint was consenting”

Question 8

What was held in R V Clarke

Answer 8

There was a claim that the girls lack of resistance and the defendants consumption of alcohol meant that his view differed due to alcohol consumption. The unsuccessful argument was unreasonable to to a sober person would be reasonable to a sober person. Reasonable needs to applied to a person whom is sober under the objective test.

Question 9

R v Koroheke (2)

Answer 9

It is important to distinguish between consent freely given and submission by a woman to what she may regard as unwanted or unavoidable. “Fright”

Question 10

R v Compos

Answer 10

Continuation - agreement over 1 hour. 1st sex. Second prior to penetration removed condom. Warned again and then fresh condom and the forced penetration

Question 11

R v Kaitamaki

Answer 11

Man broke into woman house. Claiming that it was only on the second time that he raped her that he realised that she was not consenting. Held that it was when he had knowledge that it turned into Rape.

Question 12

R v N

Answer 12

Held “is sufficiently proved penetration of the vulva by the penis.. proof of penetration of the vagina is vagina is not required

Question 13

R v Clarke

Answer 13

Sergeant Jason CLARKE
Argument was what a sober person would find unreasonable a intoxicated person may find reasonable. Held that this was not so for the objective test.

Question 14

Is recklessness a defence?

Answer 14

No being reckless as to whether the complaint was consenting is not consistent with having reasonable belief in consent

Question 15

R v Adams

Answer 15

The material time when consent and belief in consent is to be considered is at the time the act actually took place.

Question 16

Define duress

Answer 16

Agreement based on fear of refusal

Question 17

R v Isherwood

Answer 17

Proof that influence by alcohol and drugs has had a disabling effect on the mind of the complainant is not necessary incompatible with consent. IT IS A QUESTION OF DEGREE. For consent to be valid the complaint has to understand their situation and capable of making their mind up to sexual acts.

Question 18

s138 C.A. 1961

Answer 18

Intellectual metal impairment or physical impairment - was the impairment sufficiently severe as to deprive the complaint of the capacity of giving consent.

Question 19

R v Murphy

Answer 19

drunk woman in bed male change after sex and sex again with different man.

Question 20

R v Flattery

Answer 20

14 year old girl consented to sexual intercourse because she was lead to believe that it was for medical treatment

Question 21

R v Williams

Answer 21

The deceitful choir master and the 16 year old girl

Question 22

R v A

Answer 22

A 14 year old boy was forced by his Father on 15 occasions to have sexual intercourse with his step mother against his will.

Question 23

R v Collister

Answer 23

Circumstances from which the accused intent maybe inferred include

• The accused words and actions prior, during or after the event.
• The surrounding circumstances
• The nature of the act itself.

Question 24

What must be proven for an assault with intent to commit sexual violation?

Answer 24

The crown must prove that the defendant intended intended to commit the full act of sexual violation.

and acted as he did for the purpose of achieving that aim

Question 25

R v L

Answer 25

Relates to s72 with a female offender grabbing the 15 year old boy penis and attempting to push into her vagina claiming that she believed he was consenting.

Question 26

R v Harpur

Answer 26

An attempt includes an act or omission constituting a substantial step in a course of conduct planned to culminate in the commission of the crime think also R v Wilcox - That the defendants commencement of the execution of the intended offence. A step into the crime itself. The offender must have began to perpetrate the crime itself.

Question 27

What are examples of attempts?

Answer 27

American Penal Code

• Lying in wait
• Enticing the victim
• Unlawful entry into a structure
• Soliciting an innocent agent

Question 28

If the suspect is only trying to change the female victims mind for sex what may they be guilty of?

Answer 28

Assault or indecent assault. However if the defendant is intent on committing sexual violation the assault is merely a preliminary and they are liable of attempted sexual violation.