Case Law Flashcards
(13 cards)
R V KOROHEKE
(Genitalia)
The genitalia comprise the reproduction organs, interior and exterior … they include the vulva and labia both interior and exterior, at the opening of the vagina.
R V COOK
To be effective consent means be “real, genuine or true consent, and it may be conveyed by words or conduct or both”.
R V COX
Consent must be full, voluntary, free and informed … freely and voluntarily given by a person in a position to form rational judgment”.
R V GUTUAMA
Under the objective test the Crown must prove that “no reasonable person in the accused shoes could have thought that the complaint was consenting.
R V KOROHEKE
(Force, threat or fear of force)
It is important to distinguish between consent that is freely given and submission of a women to what she may regard as unwanted but unavoidable.
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 defendants conduct (may) be considered in its entirety.
Relates to attempts
COX V R
(Consent of a child)
“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 expectional if not rare.
Need to reference R V GUTUAMA, no reasonable person would say a child gave consent.
COX V R
(Reasonable belief in consent of a child)
“Save in exceptional and rare circumstances
… even where she indicates an agreement to the act occurring… no reasonable adult would have grounds for believing that the child/young person can consent”.
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 COURT
Indecency means “conduct that right-thinking people will consider an affront to the sexual modesty of the complainant”.
R V DUNN
Indecency must be judged in light of time, place and circumstances.
(More than trifling and sufficient to warrant the sanction of law)
R V LEESON
Indecent assault … is an assault accompanied with circumstances of indecency.
R V NORRIS
If a person who is charged with indecent assault is able to establish that they honestly believed that the complainant was consenting, they are entitled to be acquitted even though the grounds of his belief were unreasonable.
