Unit 3: Sexual Offences Flashcards
R v Kaitamaki
Rape - AR - Without his/her consent (circum.) - The withdrawal of consent during penetration
R v R
Rape - AR - The vagina/anus/mouth of V - Reminder: a wife can be V
s74 SOA
Rape - AR - Without his/her consent - Consent: has the freedom and capacity to make the choice
R v Bree
Rape - AR - Without his/her consent - A consent made under drunken state of mind can be valid if V is still capable of choosing
R v Kirk
Rape - AR - Without his/her consent - A consent made under mere submission cannot be valid
R v H / s78 SOA
Sexual Assault - D touches sexually - the jury should consider…
s76 SOA
Irreputable presumptions
R v Jheeta
Irreputable presumptions - D intentionally deceives V as to the nature/purpose of the relevant act
s75 (2)(a) SOA
reputable presumptions - Used violence against V or caused V to fear that immediate violence will be used on him/her
s75 (2)(b) SOA
reputable presumptions - Caused V to fear that violence was being used or immediate violence will be used on another person
s75 (2)(c) SOA
reputable presumptions - Unlawfully detained V at the time of the relevant act
s75 (2)(e) SOA
reputable presumptions - Done so while V is unable to communicate his/her consent due to his/her physical disability
s75 (2)(f) SOA
reputable presumptions - Administrated or caused to be taken by V without his/her consent…
R v Kingston
Defences - Intoxication - He lacks the MR because of the intoxication
R v Allen
Defences - Intoxication - involuntary - If D only underestimates the amount or the effect but knows what he is drinking = voluntary
R v Hardie
Defences - Intoxication - involuntary - If D takes a non-dangerous or medically-prescribed drug which leads to unpredictable reaction = involuntary
Majewski
Defences - Intoxication - voluntary - specific/basis intent crimes
R v Heard
Defences - Intoxication - voluntary - a different classification/sexual offence is only a basic intent crime
Gallagher
Defences - Intoxication - voluntary - Dutch Courage’
O’Grady
Defences - Intoxication - voluntary - D cannot rely on its voluntarily drunken mistake in self-defense, for both the specific/basic intent crimes
Jaggard v Dickinson
Defences - Intoxication - voluntary - can rely on it in lawful excuse
s75 (2)(d) SOA
reputable presumptions - Done so while V is asleep or unconscious
