ATTEMPTS TO COMMIT SEXUAL VIOLATION

Question 1

To be guilty of an attempt to commit an offence a person must:

Answer 1

intend to commit the offence AND

take a real and substantial step towards achieving that aim.

Question 2

‘Intent’

Answer 2

In a criminal law context there are two 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.

Question 3

Proving Intent

Answer 3

RvCollister
The offender’s intent can be inferred from the circumstances
- The offender’s actions and words before, during and after the event
- The surrounding circumstances
- The nature of the act itself.

Question 4

‘Real and Substantial step’

Answer 4

The defendant must have progressed past the stage of preparation and started a process intended to lead to the commission of the full offence.

Question 5

R v HARPUR - Attempts

Answer 5

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 6

R v HARPUR - Sufficiently proximate

Answer 6

(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 what remains to be done…is always relevant, though not determinative.”

Question 7

ASSAULT WITH INTENT TO COMMIT SEXUAL VIOLATION- Legislation

Answer 7

Crimes Act 1961, Section 129(2)

1. Everyone
2. Assaults
3. With intent to Commit sexual Violation
4. Another Person

Question 8

Assault

Answer 8

means the act of 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.

Question 9

Intent (assault with intent)

Answer 9

If the defendant is determined to commit the sexual violation, and the assault is merely a preliminary (done in preparation) they will be liable for attempted sexual violation or
assault with intent to commit sexual violation.

Question 10

Men’s Rea - Assault with intent to commit sexual violation

Answer 10

It must be proved at the time the defendant assaulted the complainant he:

• Intended to have sexual connection with the complainant AND
• The complainant did not consent to the sexual connection AND
• The defendant did not believe on reasonable grounds the complainant was consenting.