Sex Offences

Question 1

Conduct Towards an Attempt

Answer 1

R v Harpur - The court may have regard to the conduct viewed cumulatively up until the point the conduct in question stops. The defendants conduct may be viewed in its entirety. Considering how much remains to be done is always relevant, though not determinative.

Question 2

Indecency Defined

Answer 2

R v Court - Indecency is conduct that right thinking people would consider an affront to the sexual modesty of the complainant.

Question 3

Intent Defined

Answer 3

R v Mohan - Intent is the decision to bring about, in so far as it lies within the offenders power, the commission of an offence.

Question 4

Genitalia Defined

Answer 4

R v Koroheke - Genitalia comprises the reproductive organs both interior and exterior, they include the labia and vulva both interior and exterior at the opening of the vagina.

Question 5

Proof of Consent

Answer 5

R v Gutuama - Under the objective test the crown must prove that no reasonable person in the accused’s shoes would have thought the complainant consenting.

Question 6

Proof of Age

Answer 6

R v Forrest & Forrest - The best evidence available in the circumstances should be adduced by the prosecution in proof of the victims age.

Question 7

Consent Defined

Answer 7

R v Cox - Consent must be full, voluntary, free, and informed, freely and voluntarily given by a person in a position to form a rational judgement.

Question 8

Indecent Assault

Answer 8

R v Leeson - Indecent Assault is assault accompanied with circumstances of indecency.

Question 9

Intent Requirement

Answer 9

R v Waaka - A fleeting or passing thought is not sufficient. There must be a firm intent or a firm purpose to effect an act.