Sexual Offences

Question 1

R v Koroheke

Answer 1

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.

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’s shoes could have thought that [the complainant] was consenting.”

Question 4

R v Mohan

Answer 4

Intent involves a decision to bring about in so far as it lies within the accused’s power, the commission of the offence.

Question 5

R v Waaka

Answer 5

A “fleeting or passing thought” is not sufficient; there must be a firm intent or a firm purpose to effect an act.

Question 6

R v Harpur

Answer 6

“[The Court may] have regard to the conduct viewed cumulatively up to the point when the conduct in question stops…. the defendant’s conduct [may] be considered in its entirety. considering how much remains to be done …. is always relevant, though not determinative.”

Question 7

R v Forrest and Forrest

Answer 7

the best evidence possible in the circumstances should be adduced by the prosecution in proof of (the victim) age.

Question 8

R v Court

Answer 8

indecency means “conduct that right-thinking people will consider an affront to the sexual modesty of [the complainant].”

Question 9

R v Leeson

Answer 9

the definition of the “indecent assault” … is an assault accompanied with circumstances of indecency…

Question 10

Identify the provision of Section 44 Evidence Act?

Answer 10

• No question can be ask of the victim about sexual experience outside of the relevant case unless granted by the judge
• No question question be asked of the victims reputation
• Application must be made under 44(1) , the Judge must not grant permission unless it is relevant to the case
• Don’t need permission from judge to rebut or contradict evidence given under 44(1)

Question 11

What is the definition of a ‘sexual case’under section 4 Evidence Act 2006?

Answer 11

• Where a person is charged or is waiting for sentencing under section 128 - 142A or 144A CA61
• Any other offence of a sexual nature

Question 12

Explain section 87 Evidence Act

Answer 12

(1) Not to give out the precise particulars of a witness address
(2) the Judge must grant permission under
87 (1) unless it related directly to the relevance of the facts.

Question 13

Explain section 88 Evidence Act

Answer 13

(1) no question can be put to the victim about their occupation
(2) the Judge must grant permission under
88 (1) unless it related directly to the relevance of the facts.

Question 14

What must be proved in a sexual violation case

Answer 14

• the offenders Intentional act to have sexual connection with the complainant,
• the complainant wasn’t consenting
• the defendant didn’t believe the complainant was consenting
• if he did believe, the grounds for his belief were not resonable

Question 15

proof of penetration

Answer 15

Complainant evidence
Medical examinations
Accused admissions

Question 16

No presumption of age section 127 CA61

Answer 16

No presumption of law that a person is incapable of sexual connection because of their age.

Question 17

what can be produce and who can be witness Proof of age

Answer 17

Doctor
Mother
Birth certificate

Question 18

What is the Statutory Defence to sexual connection with a young person?

Answer 18

• Took reasonable step to ascertain that the young person was at least 16yrs
• Believed on reasonable ground that they were 16yrs
• The young person consented

Question 19

what is the difference between Incest s.130 CA61 and sexual conduct with a Dependent family member s.131 CA61

Answer 19

Incest - sexual relationship between 2 family member, including:
Parent, child, siblings, half siblings, grand parent, grand children
The person knows of the relationship

Dependent family member - sexual conduct with person under 18yrs who is
Parent, step parent, foster parent, guardian, uncle or aunt, has a significant role in his or her care or upbringing

Question 20

Section 97 CPAI 2011 who can be present during the victims oral evidence

Answer 20

Judge
lawyer
Prosecutor
Defendant
Jailer act as custodian
Officer of the court, registrar 
victim
O/c case
support person for the victim if they require
Any person allowed by the judge
Media