Unit 3: Sexual Offences

Question 1

R v Kaitamaki

Answer 1

Rape - AR - Without his/her consent (circum.) - The withdrawal of consent during penetration

Question 2

R v R

Answer 2

Rape - AR - The vagina/anus/mouth of V - Reminder: a wife can be V

Question 3

s74 SOA

Answer 3

Rape - AR - Without his/her consent - Consent: has the freedom and capacity to make the choice

Question 4

R v Bree

Answer 4

Rape - AR - Without his/her consent - A consent made under drunken state of mind can be valid if V is still capable of choosing

Question 5

R v Kirk

Answer 5

Rape - AR - Without his/her consent - A consent made under mere submission cannot be valid

Question 6

R v H / s78 SOA

Answer 6

Sexual Assault - D touches sexually - the jury should consider…

Question 7

s76 SOA

Answer 7

Irreputable presumptions

Question 8

R v Jheeta

Answer 8

Irreputable presumptions - D intentionally deceives V as to the nature/purpose of the relevant act

Question 9

s75 (2)(a) SOA

Answer 9

reputable presumptions - Used violence against V or caused V to fear that immediate violence will be used on him/her

Question 10

s75 (2)(b) SOA

Answer 10

reputable presumptions - Caused V to fear that violence was being used or immediate violence will be used on another person

Question 11

s75 (2)(c) SOA

Answer 11

reputable presumptions - Unlawfully detained V at the time of the relevant act

Question 12

s75 (2)(e) SOA

Answer 12

reputable presumptions - Done so while V is unable to communicate his/her consent due to his/her physical disability

Question 13

s75 (2)(f) SOA

Answer 13

reputable presumptions - Administrated or caused to be taken by V without his/her consent…

Question 14

R v Kingston

Answer 14

Defences - Intoxication - He lacks the MR because of the intoxication

Question 15

R v Allen

Answer 15

Defences - Intoxication - involuntary - If D only underestimates the amount or the effect but knows what he is drinking = voluntary

Question 16

R v Hardie

Answer 16

Defences - Intoxication - involuntary - If D takes a non-dangerous or medically-prescribed drug which leads to unpredictable reaction = involuntary

Question 17

Majewski

Answer 17

Defences - Intoxication - voluntary - specific/basis intent crimes

Question 18

R v Heard

Answer 18

Defences - Intoxication - voluntary - a different classification/sexual offence is only a basic intent crime

Question 19

Gallagher

Answer 19

Defences - Intoxication - voluntary - Dutch Courage’

Question 20

O’Grady

Answer 20

Defences - Intoxication - voluntary - D cannot rely on its voluntarily drunken mistake in self-defense, for both the specific/basic intent crimes

Question 21

Jaggard v Dickinson

Answer 21

Defences - Intoxication - voluntary - can rely on it in lawful excuse

Question 22

s75 (2)(d) SOA

Answer 22

reputable presumptions - Done so while V is asleep or unconscious