Assault with Intent to Commit Sexual Violation

Question 1

Assault with intent to commit sexual violation - section and ingredients

Answer 1

Section 129(2) of Crimes Act 1961 - 10 years

1. Everyone who
2. Assaults another person
3. With intent to commit sexual violation
4. Of the other person

Question 2

Assault definition

Answer 2

Assault means the act of intentionally applying or attempting to apply force to the person of another directly or indirectly, or by threatening by any act or gesture to apply such force to the person of another, if the person making the threat causes the other to believe on reasonable grounds that he has present ability to effect his purpose and to assault has a corresponding meaning

Question 3

Define Intent

Answer 3

Someone means to do it, they desire a specific result and act with the aim or purpose of achieving it

Question 4

R v Mohan - intent

Answer 4

A decision to bring about, the commission of the offence in so far as it lies within the accused’s power

Question 5

R v Waaka - intent

Answer 5

A fleeting or passing thought is not sufficient, there must be a firm intent of purpose to effect an act

Question 6

What is sexual violation

Answer 6

the act of a person who:

• rapes another
• has unlawful sexual connection with another

section 128(1) Crimes Act 1961

Question 7

What is sexual connection

Answer 7

a) connection effected by the introduction into the genitalia or anus of a person
- a part of someone elses body
- an object held or manipulated by someone else
OR
b) connection between mouth or tongue of one person and a part of another persons genitalia or anus

Question 8

what is an unlawful sexual connection

Answer 8

sexual connection without a persons consent or without believing on reasonable grounds they consented to the connection