Offences and Caselaw Flashcards
Sexual Violation by Rape
Section 128 (1)(a)
- A person
- Rapes
- Another person
Sexual Violation by Unlawful Sexual Connection
Section 128 (1)(b)
- A person
- Has unlawful sexual
connection - With another person
Assault with Intent to Commit Sexual Violation
Section 129 (2)
- A person
- Assaults
- Another person
- With intent to commit sexual
violation of the other person
Sexual Conduct with a child under 12
Section 132
- A person
(1) has sexual connection with a child
(2) Attempts to have sexual connection with a child
(3) Does an indecent act on a child
Sexual conduct with a young person under 16
Section 134
- A person
(1) Has sexual connection with a young person
(2) Attempts to have sexual connection with a child
(3) Does an indecent act on a young person
Indecent Assault
Section 135
- A person
- Indecently assaults
- Another person
R v Koroheke
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 Cox
Consent must be full, voluntary, free and informed…freely and voluntarily given by a person in a position to form a rational judgement
R v Gutuama
Under the objective test the crown must prove that “no reasonable person in the accused shoes could have thought that the complainant was consenting”
R v Collister
Circumstantial evidence from which an offenders intent may be inferred can include
- the offenders word and actions before, during and after the event
- the surrounding circumstances
- the nature of the act itself
R v Harpur 1
An attempt includes an act or omission constituting a substantial step in a course of conduct planned in his commission of the crime”
R v Harpur 2
The court may have regard to the conduct viewed cumulatively up to the point when the conduct stops..the defendant’s conduct may be considered in its entirety. Considering how much remains to be done is always relevant, though not determinative.
Sexual connection with a child
Cox v R 1
Although we do not exclude the possibility that a child of ten or eleven may be able to give full, voluntary, free and informed consent to sexual intercourse, the circumstances that would justify that conclusion would be exceptional if not rare
R v Forrest and Forrest
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age
R v Court
Indecency means “conduct that right-thinking people will consider an affront to the sexual modesty of the complainant”
