Assault with Intent/Attempts to Commit Sexual Violation Flashcards
Attempts to Commit Sexual Violation
Section, Penalty, Elements
S129(1) CA61
10 Years
- Every one who
- attempts to commit sexual violation
- of the other person
Attempts
S72(1) CA61
Every one who, having an intent to commit an offence, does or omits an act for the purpose of accomplishing his object, is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.
R v Harpur
Attempt
An attempt includes “an act or omission constituting a substantial step in a course of conduct planned to culminate in his commission of the crime”.
R v Harpur
Conduct
“[The Court may] have regard to the conduct viewed cumulatively up to the point when the conduct in question stops …the defendant’s conduct [may] be considered in its entirety. Considering how much remains to be done … is always relevant, though not determinative.”
Assault with Intent to Commit Sexual Violation
Section, Penalty, Elements
S129(2) CA61
10 Years Imp
- Assaults another person
- With intent to commit sexual violation of the other person
Assault
S2 CA61
Assault means the act of intentionally applying or attempting to apply force to the person of another, directly or indirectly, or threatening by any act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that he has, present ability to effect his purpose.
Intent
In a criminal law context there are two specific types of intention in an offence. Firstly there must be an intention to commit the act and secondly, an intention to get a specific result.
Rape
S128(2) CA61
Person A rapes person B if Person A has sexual connection with person B, effected by the penetration of person B’s genitalia by Person A’s penis,-
(a) without person B’s consent to the connection and;
(b) without believing on reasonable grounds that person B consents to the connection.
Unlawful Sexual Connection
S128(3) CA61
Person A has unlawful sexual connection with person B if person A has sexual connection with person B—
(a) without person B’s consent to the connection; and
(b) without believing on reasonable grounds that person B consents to the connection.
Person
Gender neutral. Proven by judicial notice or circumstantial evidence.
Attempts to Commit sexual violation liability
Everyone who - person meaning Attempts to commit sexual violation - S72 meaning - R v Harpur - Intent - Rape or U/L SC meaning - Genitalia - R v Koroheke - Penis - Consent - R v Cox - Reasonable Grounds - R v Gutama The other person - Person meaning
Assault with intent to commit sexual violation
Assaults another person - Assault Meaning - Person meaning With intent to commit SV of the other person - intent - reasonable grounds - sexual violation definition - person def