SEXUAL OFFENCES - Case Law Flashcards

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1
Q

R v KOROHEKE

A

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.

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2
Q

R v COX

A

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”.

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3
Q

R v GUTUAMA

A

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.
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4
Q

R v HARPUR

A

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.
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5
Q

R v FORREST AND FORREST

A

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.”

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6
Q

R v COURT

A

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

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7
Q

R v LEESON

A

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

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