Attempted Sexual Violation Flashcards
Explain diff between 128 and 129
129 where offender intends to sexually violate complainant and takes steps towards doing so but full offence under 128 not committed
To prove attempts 129
Person must
Intend to commit the offence
And
Take a real and substantial step toward achieving aim
Explain s72 attempts definition
Everyone 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 whether possible or not to commit offence
The question whether the act is preparation or not and too remote to be attempt is question of law
Act done maybe attempt if it’s proximate to full offence
What must crown prove in any sexual violation
Defendant intended to have sexual connection with complainant
And
Complainant didn’t consent
And
Defendant didn’t believe on reasonable grounds there was consent
Explain intent
A person does something intentionally if they mean to do it; they desire a specific result and act with aim of achieving it
R v Mohan
Intent involves a decision to bring about in so far as it lies within the defendants power the commission of the offence
R v waaka
A fleeting or passing thought is not sufficient there must be a firm intent or a firm purpose to effect an act
Proving intent
Offenders admissions
Circumstantial evidence: actions words nature of act
Onus on crown to prove beyond reasonable doubt
Is there a difference in the men’s rea between attempts and full offence
No I relation to intent and reasonable belief in consent the men’s rea is the same between both full and attempts
R v Harper in relation to attempts
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
Explain Harper
Series of txt messages sexual acts performed on mothers daughter
Child didn’t exist but Harper charged with attempts bec of txt messages bec proven his conduct sufficiently proximate to full offence when txt messages taken altogether leading up to attempts
R v Harper relating to cumulatively conduct
The court may have regard to the conduct viewed cumulatively up to point when 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
What does s129 (2) require proof of
Proof of assault or threat of force
Definition of assault
S2 CA 1961
Means the act of intentionally applying or attempting to apply force to the person of another directly or indirectly or threatening by any act of feature 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 the present ability to effect his purpose
Explain s129 (1) and (2)
(1) everyone who attempts sexual violation liable to imprisonment 10 yrs
(2) everyone who assaults another person intending to commit sexual violation of the other liable to imprisonment 10 yrs
