Offences And Relevant Caselaw Flashcards
Sexual conduct with a child under 12, Section 132(3) CA 1961
R v COURT - Conduct that right thinking people will consider an affront to the sexual modesty of complainant
R v DUNN - Indecency must be judged in light of the time, place and circumstances.
Forrest and Forrest - best possible evidence adduced from age.
Sexual violation by rape, section 128(1)(a) CA 1961
R v KOROHEKE - the genitalia comprise the reproductive organs, interior and exterior. They include vulva and labia both interior and exterior at the opening of the vagina.
R v KOROHEKE - consent freely given, rather than submission to something unwanted or avoidable.
R v COX - consent must be full, voluntary, free and informed. Freely and voluntarily given by a person in posterior to form rational judgment.
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”
Sexual violation by unlawful sexual connection, section 128(1)(b) CA 1961
R v KOROHEKE - reproductive organs internal/external, including the vulva and labia including internal and external at the opening of the vagina.
R v KOROHEKE - consent freely given, rather than submission to something unwanted or avoidable.
R v COX - full voluntary, free, informed. Freely and voluntarily given by person to form rational judgement
R v GUTUAMA - no reasonable person would think there was consent.
Assault with intent to commit sexual violation, section 129(2) CA 1961
R v KOROHEKE - genitalia comprise of reproductive organs, interior/exterior. They include vulva and labia both interior/exterior at the opening of the vagina.
R v COX - full, voluntary, free and informed. Freely and voluntarily given by a person who can form rational judgment.
R v GUTUAMA - objective test - no reasonable person in the accused shoes could have thought that the complaint was consenting.
Sexual conduct with a child under 12, section 132(1) CA 1961
R v FORREST AND FORREST - the best evidence possible in the circumstances should be adduced by the prosecution in proof of victims age.
R v KOROHEKE- genitalia comprises of reproductive organs, internal/external. Include vulva, labia internal/external of the opening of the vagina.
Sexual conduct with child under 12. Section 132(2) CA1961
R v FORREST AND FORREST - the best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.
R v KOROHEKE - includes reproductive organs. Internal/external. Includes vulva and labia internal/external of the opening of the vagina.
Sexual conduct with a young person under 16, section 134(1) CA 1961
R v KOROHEKE - genitalia comprises of reproductive organs internal and external. Including labia and vulva. Internal and external opening of the vagina.
R v GUTUAMA - no reasonable person would think there is consent.
R v COX - full, voluntary, free and informed. Freely and voluntarily give by a person able to form rational judgement.
R v FORREST AND FORREST - best possible evidence adduced from age.
Sexual conduct with a young person under 16, section 134(2) CA 1961
R v FOREST V FOREST - best possible evidence adduced from age.
R v KOROHEKE - genitalia comprises of reproductive organs internal and external. Including vulva and labia internally and externally and at the opening of the vagina.
Sexual conduct with a young person under 16, section 134(3) CA 1961
R v COURT - conduct that right thinking people would consider an affront to the sexual modesty of complainant.
R v DUNN - indecency must be judged in light of the time, place and circumstances.
R v FOREST AND FOREST - best possible evidence adduced from age.
Indecent assault, section 135 CA 1961
R v LEESON - the definition of and indecent assault is an assault accompanied by circumstances of indecency.
R v DUNN - indecency, must be judged in light of time, place circumstances. It must be more than trifling and be sufficient to warrant the sanction of law.
R v COURT - conduct that right thinking people would find an affront to the sexual modesty of the complainant.
Incest, section 130(1) CA 1961
R v COX - full, voluntary free and informed. Freely and voluntarily given by a person to form rational judgement.
R v KOROHEKE - genitalia comprises of reproductive organs, both internally and externally. Including the vulva and labia and the internal and external opening of the vagina.
R v GUTUAMA - objective test. No reasonable person would think there was consent.
R v FOREST AND FOREST - best evidence, adduced from age.
Sexual conduct with a dependent family member, section 131(1) CA 1961
R v KOROHEKE - genitalia comprises of the reproductive organs, internally and externally. The vulva and labia internally and externally and the opening of the vagina.
R v COX - full, voluntary free and informed. Freely involuntary given by a person to form rational judgement.
R v GUTUAMA - objective test no reasonable person would think there was consent.
R v FOREST AND FOREST - best possible evidence of juiced from age.
