R v Kaitamaki - [1984] 1 NZLR 385 [1984] 2 All ER 435 [1984] 3 WLR 137 [1984] Crim LR 564

Criminal law — Rape — Defence of consent — Relevant time for determining consent — At moment of penetration accused believed woman to be consenting, but after penetration he realised that she was not consenting, but he did not desist — Whether accused guilty of rape — Crimes Act 1961, ss 127 and 128.

Criminal law — Appeal to Privy Council — Application for legal aid to prosecute an appeal to the Privy Council had been refused by the Court of Appeal on grounds of lack of jurisdiction — Whether s 2(1) of the Offenders Legal Aid Act 1954 empowered the Court of Appeal to grant legal aid for a Privy Council appeal.