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Kembaraxtra-Case Law-Boyea (1992) CA
Facts:
Key Principle (per Glidewell LJ):
Facts:
- Defendant (D) pinned down Victim (V) on her bed.
- D forced his fingers into V's vagina.
Key Principle (per Glidewell LJ):
- An assault intended or likely to cause bodily harm, accompanied by indecency, is an offence irrespective of consent, provided the injury is not "transient or trifling".
- Focus on Bodily Harm: The presence of potential or actual bodily harm is crucial to override consent.
- "Transient or Trifling" Injury: If the injury is considered transient (temporary) or trifling (insignificant), the principle may not apply.
- Mens Rea & Objective Test: The court seems to apply an objective test for mens rea in assault cases, however, note the following.
- Objective Test Limits: Savage; Parmenter applied the objective test to the resulting actual bodily harm, not the predicate assault. This distinction is crucial.
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