Sex Offences Case Law Flashcards
What is said in the Case Law
R v Koroheke
The genitalia comprise the reproductive organs, interior and exterior… they include the vulva and the labia, both interior and exterior, at the opening of the vagina
What is said in Case Law
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
What is said in Case Law
R v Cook
To be effective, consent must be real, genuine or true consent, and that it may be conveyed by words or conduct or both
What is said in Case Law
Cox v R
Even if a child indicates an agreement to the act… no reasonable adult would have grounds for believing that a 10 or 11 year old girl has the experience or maturity to understand the nature and significance of the act
What is said in Case Law
R v Forrest and Forrest
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age
What is said in Case Law
R v Harpur
Acts viewed in isolation may only amount to mere preparation, when viewed collectively may amount to an attempt
What is said in Case Law
R v Court
Indecency means conduct that right-thinking people will consider an affront to the sexual modesty of the complainant
Wha,is said in Case Law
R v Dunn
Indecency must be judged in light of the time, place, circumstances. It must be something that is more than trifling, and sufficient to warrant the sanction of the law
What is said in Case Law
R v Leeson
The definition of indecent assault is an assault accompanied with circumstances of indecency
What is said in Case Law
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