MISC - Questions - Sex 2

Question 1

What must a person do to be guilty of an attempt ?

Answer 1

• Intend to commit the offence, and

- Take a real and substantial step towards achieving that aim.

Question 2

Define “Intent”?

Answer 2

Criminal Law there are 2 specific types of intent:

• Intention to commit the act (must be more than involuntary or accidental).
• Intention to get a specific result (aim, object or purpose).

Question 3

Discuss the relevant care law to “proving intent” via circumstantial evidence?

Answer 3

R v Collister:
Circumstantial evidence from which an offender’s intent may be inferred include:

• The offenders actions and words, before, during and after the event.
• The surrounding circumstances.
• The nature of the act itself.

Question 4

Discuss the relevant case law for “an attempt includes…”

Answer 4

R v Harpur:
An attempt includes “an ACT OR OMISSION constituting a SUBSTANTIAL STEP in a COURSE OF CONDUCT to culminate in his COMMISSION OF THE CRIME.”

Question 5

Discuss the relevant case law, relating to “proximity”?

Answer 5

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, thought not determinative.

Question 6

Assault with intent to commit sexual violation

Answer 6

S.129 (2) C.A 61

• Assaults
• Another person
• With intent to commit sexual violation of the other person