Sexual Offences Case Law Flashcards
R V Koroheke (genitalia)
Genitalia comprises reproductive organs, interior and exterior, they include vulva labia, interior and exterior at opening of the vagina.
R V Koroheke (consent)
Important to distinguish…
Important to distinguish between consent freely given and submission by a woman to what she may regard as unwanted but unavoidable
R v Cox (consent)
Must be full, voluntary, free and informed, freely and voluntarily given by a person in a position to form rational judgement.
Cox v R ( no reasonable adult)
No reasonable adult would have grounds to believe that a 10 or 11 yo girl has experience or maturity to understand nature or significance of act.
R v Gutuama (consent)
Under the objective…
Under the objective test the Crown must prove that ‘no reasonable person in the accused shoes could have thought the complainant was consenting.
R v Harpur (attempt includes act)
Attempt includes act or omission constituting a. Substantial step in a course of conduct planned to culminate in the commission of the offence.
R v Harpur (sufficiently proximate)
Court may have…
Court may have regard to the conduct viewed cumulatively to the point where the conduct stops. Considered in entirety
R v Leeson
Indecent assault is an assault accompanied with circumstances of indecency.
