Attempts to commit sexual violation

Question 1

Attempts to commit sexual violation Legislation

Answer 1

Section 129(1) Crimes Act 1961

(2) Every one who attempts to commit sexual violation of the other person is liable to imprisonment for a term not exceeding 10 years.

Question 2

Attempts Legislation

Answer 2

Section 72, Crimes Act 1961 Attempts

(1) 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.
(2) The question whether an act done or omitted with intent to commit an offence is or is not only preparation for the commission of that offence, and too remote to constitute an attempt to commit it, is a question of law.
(3) An act done or omitted with intent to commit an offence may constitute an attempt if it is immediately or proximately connected with the intended offence, whether or not there was any act unequivocally showing the intent to commit that offence.

Question 3

What must the Crown prove for an attempted Sexual Violation

Answer 3

The Crown must prove that the defendant intended to commit the full act of sexual violation, and acted as he did for the purpose of achieving that aim.

Question 4

Intent - Two Types

Answer 4

Deliberate Act: “Intent” means that act or omission must be done deliberately. The act or omission must be more than involuntary or accidental.

Intent to produce a result: Intent to produce a specific result. In this context result means “aim, object, or purpose”.

Question 5

Circumstantial evidence from which an offender’s intent may be inferred can include:

Answer 5

• the offender’s actions and words before, during and after the event
• the surrounding circumstances
• the nature of the act itself.

Question 6

Mens Rea for attempts - What must the crown prove

Answer 6

Same standard as if the actual offence had been comitted, The defendant:

• intended to have sexual connection with the complainant, and
• the complainant did not consent ; and
• the defendant did not believe on reasonable grounds that the complainant was consenting

Note: Establishing that the defendant was reckless as to whether or not the complainant was consenting satisfies the requirement that any belief in consent was not held on reasonable grounds.

Question 7

R v Harpur - Attempts - Act or omission

Answer 7

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 8

R V Harpur - Sufficiently proximate

Answer 8

“[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.”

Question 9

Examples of acts that may be sufficiently proximate

Answer 9

• lying in wait, searching for or following the contemplated victim
• enticing the victim to go to the scene of the contemplated crime
• Scoping the scene of the contemplated offence
• unlawful entry of a structure, vehicle or enclosure where the offence will be committed
• possession, collection or fabrication of materials to be used in the commission of the offence
• soliciting an innocent agent to engage in conduct constituting an element of the offence

Question 10

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

Answer 10

• Intend to commit the offence, and
• Take a real and substantial step towards achieving that aim.