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R v Ennever
need not penetration mere contact enough; but if mouth closed: not sexual violation but indecent assault
R v A
woman can be convicted if her genitalia is penetrated by penis w/ MR
R v Adams
consent at time of sexual act
R v Annas
consent voluntary & deliberate
R v Brewer
submission does not amount to consent
W v R
being threatened means consent cannot be given
Henry v R
previous consent cannot amount to future consent
R v Clarke, R v Can
whether reasonable person in accused’s shoes thought there was consent
R v S
reasonable belief in consent is separate to whether consent in fact, but see R v Nixon s 128A (3)
Christian v R
need not +ve consent but lack of protest is not consent, also contextual inquiry
R v Herbert
fear might negate actual consent, but reasonable belief still relevant
R v Nixon
cannot be reasonable belief if asleep
R v Isherwood
evidence that alcohol drug affects mind does not negate consent, q of degree
R v Kim
need not evidence of extent of intoxication
Howard
if cannot comprehend what the activity was, the sexual character, or right to refuse
R v Papadimitropolous
mistake as to person not status/personal attribute
R v Richardson
does not extend to qualifications/attributes
R v Williams
mistake as to nature of act not effect of it
R v Devonald
diff quality of act vitiates consent
R v Lee
triggers duty to disclose, unless take precautions (condom)
Filitonga v R
potentially GBH however medical advances open to jury to find not GBH
R v Mwai
may be criminal nuisance under s 145 for breach of s 156, but law not certain. KSB v ACC extended the duty only in civil cases
R v Dunn
judged in light of time/place/circumstance
Peters v Police
contemporary norms may be relevant
R v Aylwin
need not intend indecent element just act