Kaitamaki v The Queen
| Jurisdiction | UK Non-devolved |
| Judgment Date | 1984 |
| Date | 1984 |
| Year | 1984 |
| Court | Privy Council |
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4 cases
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The People (Director of Public Prosecutions) v C. O'R
...definition of the external elements of rape. That was always how the law has been understood; for a more modern example see Kaitamaki v R [1985] AC 147. 34 Archbold was, and remains, a statement of the law for practicing lawyers. Its focus is on the elements that need to be proved in order ......
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Tagiao Ah-Chong v R
...133/79, 3 March 1980 at 2–3 and R v Kaitamaki [1980] 1 NZLR 59 (upheld on appeal to the Privy Council: Kaitamaki v R [1984] 1 NZLR 385, [1985] AC 147 (PC)). See also Criminal Law Reform Committee The Decision in DPP v Morgan: Aspects of the Law of Rape (Wellington, 17 See, for example, R v ......
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R v Joey Cooper and Another
...consenting or not." 22 In giving that direction the learned judge was basing himself on a decision of the Privy Council in Kaitamaki v R (1985) AC 147. That decision of the Council was based on the provisions of the Crimes Act 1961 (New Zealand). The relevant sections of that Act were secti......
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香港特別行政區 訴 鄭瀚澄
...onclick="Javascript:void(0)" style="color=black;">[24]）：見英國上訴庭案例R v Cooper and Schaub [1994] Crim LR 531；英國樞密院案例 Kaitamaki v R (1985) AC 147。也就是說，如果原審法官純粹按照法律回答陪審團的問題，她的答案將不能和不會是上訴方現在所提議的，而且如剛才所說會對上訴人不利。 51. 至於原審法官是否應該給陪審團提供一個與現時不同，或者說是比現時的指引更覺完備的答案，這本來就是單一法官准許上訴人提出上訴的原因。不過，在本案押後、等候正式上訴期間，答......
3 books & journal articles
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Court of Appeal
...2003. On the issue ofthe withdrawal of consent during intercourse, the facts recall the deci-sions of the Privy Council in Kaitamaki vR [1985] AC 147 and of theCourt of Appeal in R v Cooper and Schaub [1994] Crim LR 531. Theposition is now governed by s. 1 of the Sexual Offences Act 2003, w......
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The Chaotic State of the Law of Rape in Victoria: A Mandate for Reform
...Repealed in Vi ctoria by the Crimes Act 1958 (Vic), s. 62(1).11 Repealed in the relevant jurisdictions by Kaitamaki vThe Queen [1984] 2 All ER 435;Crimes Act 1961 (NZ), s. 128(5)(c); Crimes Act 1900 (NSW), s. 61H(1)(d); Criminal LawConsolidation Act 1935 (SA), s. 5; Crimes Act 1958 (Vic), s......
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The Rape of a Label Why it Would Be Wrong to Follow Canada in Having a Single Offence of Unlawful Sexual Assault
...English cases on sentencing serious indecent assaults, see R v Sheen (1987) 9 Cr AppR (S) 164 and R v Cook (1988) 10 Cr App R (S) 42. 2 [1985] AC 147; see also Cooper [1994] Crim LR The Journal of Criminal Law never in any doubt, that it was an acceptable arrangement finds littlesupport. Th......