Rape
AR
Penetration - R v
Kaitamaki
Lack of consent
Conclusive
presumption
S.76(2)(a)-
nature/purpose
S.76(2)(b)-
impersonating
personally known
R v Williams
R v Flattery
R v Tabassum
R v Elbekkon
Evidential presumption
S.75(2)(a)- violence
S.75(2)(b)- fear the violence
S.75(2)(c)- unlawfully detained
S.75(2)(d)- asleep
S.75(2)(e)- physical disability
S.75(2)(f)-
substance/stupefied;
overpowered "date rape"
Last resort
S.74-
Freedom/capacity to
make choice
R v Linekar
Assange v Swedish
Prosecution Authority
R v B
R v Olugboja
R v Jheeta
R v Bree- victim can lose
temporary consent
MR
Intentional penetration
Lack of reasonable belief that
victim consented - S1(2) SOA
2003
1. Did defendant honestly
believe the victim was
consenting?
2. Was the belief reasonable?
DPP v Morgan
