Sexual Offences Case Law Flashcards
R v Koroheke genitalia definition
genitalia comprise the reproductive organs, interior and exterior …they include the vulva and the labia, both interior and exterior at the opening of the vagina
R v Cox consent
Consent must be full and voluntary, free and informed, given freely and voluntarily by a person in a position to form a rational judgement
R v Gutuama objective test
the crown must prove that no reasonable person in the accused’s shoes could have thought the complainant was consenting
R v Koroheke on consent
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. For example a submission by a woman because she is frightened of what might happen if she does not give in or co operate
R v Mohan
A decision to bring about, in so far as it lies within the accused’s power, the commission of the offence
R v Waaka
A fleeting or passing thought is not sufficient, there must be a firm intent or a firm purpose to effect
R v Forrest and Forrest
The best evidence possible in the circumstances must be adduced by the prosecution as proof of the victims age
this generally involves producing the victims birth certificate in conjunction with independent evidence that identifies the victim as the person named in the certificate
Cox v R on consent
save in exceptional circumstances, even where she indicates an agreement to the act occurring, no reasonable adult would have grounds to believing that a ten or even eleven year old girl has the experience or maturity to understand the nature and significance of the act
R v Court
Indecency means conduct that right thinking people will consider an affront to the sexual modesty of the complainant
R v Leeson
An indecent act is an assault accompanied by indecency
R v Harpur - does acts for the purpose
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
R v Harpur sufficiently proximate
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
Cox v R
Although we do not exclude the possibility that a child of ten or eleven may be able to give full, voluntary, free and informed consent to sexual intercourse, the circumstances that would justify that conclusion would be exceptional if not rare
