Sex offences caselaw

Question 1

R v Koroheke (genitalia)

Answer 1

The genitalia compromise the reproduction organs, interior and exterior, they include the vulva and the labia, both interior and exterior at the opening of the vagina

Question 2

R v Cox

Answer 2

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

Question 3

R v Gutuama

Answer 3

Under the objective test the crown must prove that “no reasonable person in the accused shoes could have thought that the complainant was consenting”

Question 4

R v Koroheke (consent)

Answer 4

It is important to distinguish between consent that is freely given and submission by a woman to what she may regard as unwanted but unavoidable. Eg, submission by a woman because she is frightened of what might happen if she does not give in or co-operate. This is not true consent.

Question 5

R v Harpur

Answer 5

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.

Question 6

R v Harpur (Sufficiently proximate)

Answer 6

Always relevant, though not determinative, the defendant conduct may be considered in its entirely, up to the point when the conduct in question stops.

Question 7

R v Koroheke (consent)

Answer 7

Consent should be freely given, rather than the submission to something unwanted or unavoidable.

Question 8

R v Court

Answer 8

Conduct that right thinking people will consider an affront to the sexual modesty of the complainant.

Question 9

R v Forrest and Forrest

Answer 9

The best possible evidence regarding age is adducted through prosecutions ie birth certificate, I.D

Question 10

R v Dunn

Answer 10

Indecency must be judged in light of time, place and circumstances. It must be more than trifling and be sufficient to warrant the sanction of law.

Question 11

R v Leeson

Answer 11

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

Question 12

Cox v R

Answer 12

Although we do not exclude the possibility that a child of ten or eleven may be able to give a full, voluntary, free and informed consent to sexual intercourse, the circumstances that would justify that conclusion would be exceptional if not rare.