SEXUAL OFFENCES - Case Law

Question 1

R v KOROHEKE

Answer 1

R v KOROHEKE 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

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 judgment”.

Question 3

R v GUTUAMA

Answer 3

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.

Question 4

R v HARPUR

Answer 4

R v HARPUR

An attempt includes

• an act or omission
• or the taking of a substantial step
• in a course of conduct
• planned in the commission of the crime.

Question 5

R v FORREST AND FORREST

Answer 5

R v FORREST AND FORREST “The best evidence possible in the circumstances should be adduced by the prosecution in proof of [the victim’s] age.”

Question 6

R v COURT

Answer 6

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

Question 7

R v LEESON

Answer 7

R v LEESON “The definition of ’indecent assault’ … is an assault accompanied with circumstances of indecency …”