Case Law pg 1

Question 1

R v Koroheke

Answer 1

Genitalia

The genitalia comprise the reproduction organs, interior and exterior …. they include the vulva (and) the labia, both interior and exterior, at the opening of the vagina

Question 2

R v Cox

Answer 2

Consent

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

R v Gutuama

Answer 3

Consent

Under the objective test the Crown must prove that “no reason person in the accused’s shoes could have thought that (the complainant) was consenting.

Question 4

R v Forrest and Forrest

Answer 4

Proving age

“The best evidence possible in the circumstances should be adduced by the prosecution in proof of (the victim’s) age.”

Question 5

R v Court

Answer 5

Indecency

Indecency means “conduct that right-thinking people will consider an affront to the sexual modesty of (the complainant)”.

Question 6

R v Dunn

Answer 6

Indent must be judged in light of the time, place and circumstances. It must be something more than trifling, and sufficient to “warrant the sanction of the law.”

Question 7

R v Leeson

Answer 7

“The definition of ‘indecent assault’ …. is an assault accompanies with circumstances of indecency…”

Question 8

R v Norris

Answer 8

Indecent Assault - Defence

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

Question 9

R v Taisalika

Answer 9

Intent (serious assault)

The nature of the blow and the gash which it produced point strongly to the presence of the necessary intent

Question 10

R v Collister

Answer 10

Intent

Circumstantial evidence from which an offender’s intent may be inferred can include:

• the offender’s actions and words before, during and after the event
• the surrounding circumstances
• the nature of the act itself