Sex Offences Case Law

Question 1

What is said in the Case Law

R v Koroheke

Answer 1

The 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

Question 2

What is said in Case Law

R v Cox

Answer 2

Consent must be full, voluntary, free, and informed… freely and voluntarily given by a person in a position to form a rational judgement

Question 3

What is said in Case Law

R v Cook

Answer 3

To be effective, consent must be real, genuine or true consent, and that it may be conveyed by words or conduct or both

Question 4

What is said in Case Law

Cox v R

Answer 4

Even if a child indicates an agreement to the act… no reasonable adult would have grounds for believing that a 10 or 11 year old girl has the experience or maturity to understand the nature and significance of the act

Question 5

What is said in Case Law

R v Forrest and Forrest

Answer 5

The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age

Question 6

What is said in Case Law

R v Harpur

Answer 6

Acts viewed in isolation may only amount to mere preparation, when viewed collectively may amount to an attempt

Question 7

What is said in Case Law

R v Court

Answer 7

Indecency means conduct that right-thinking people will consider an affront to the sexual modesty of the complainant

Question 8

Wha,is said in Case Law

R v Dunn

Answer 8

Indecency must be judged in light of the time, place, circumstances. It must be something that is more than trifling, and sufficient to warrant the sanction of the law

Question 9

What is said in Case Law

R v Leeson

Answer 9

The definition of indecent assault is an assault accompanied with circumstances of indecency

Question 10

What is said in Case Law

R v Gutuama

Answer 10

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