Sex Offences Case Law Flashcards

1
Q

What is said in the Case Law

R v Koroheke

A

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

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2
Q

What is said in Case Law

R v Cox

A

Consent must be full, voluntary, free, and informed… freely and voluntarily given by a person in a position to form a rational judgement

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3
Q

What is said in Case Law

R v Cook

A

To be effective, consent must be real, genuine or true consent, and that it may be conveyed by words or conduct or both

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4
Q

What is said in Case Law

Cox v R

A

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

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5
Q

What is said in Case Law

R v Forrest and Forrest

A

The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age

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6
Q

What is said in Case Law

R v Harpur

A

Acts viewed in isolation may only amount to mere preparation, when viewed collectively may amount to an attempt

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7
Q

What is said in Case Law

R v Court

A

Indecency means conduct that right-thinking people will consider an affront to the sexual modesty of the complainant

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8
Q

Wha,is said in Case Law

R v Dunn

A

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

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9
Q

What is said in Case Law

R v Leeson

A

The definition of indecent assault is an assault accompanied with circumstances of indecency

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10
Q

What is said in Case Law

R v Gutuama

A

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

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