Attempted Sexual Violation

Question 1

What is the section and elements for attempted sexual violation?

Answer 1

Section 129(1) CA 1961

A person
Attempts to commit sexual violation
Of the other person

Question 2

R v Harpur

(Attempts)

What is an attempt?

Answer 2

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’

Question 3

R v Harpur

Sufficiently proximate

Answer 3

The court may have regard to the conduct viewed cumulatively, up to the point when the conduct in question stops the defendants conduct may be considered in its entirety. Considering how much remains to be done is always relevant, though not determinative.

Question 4

Lists 2 - give third - with attempted sexual violation 3 things crown must prove

Answer 4

1. Intended to have sexual connection with the complainant
2. The complainant did not consent to the intended sexual connection
3. The defendant did not believe on reasonable grounds that the complainant was consenting