Preparatory Offences

Question 1

PREPARATORY OFFENCES

RANGE OF OFFENCES

Answer 1

The range of offences which are covered under this heading include:
* Committing A Criminal Offence With The Intent To Commit A Sexual Offence – Section 62 Sexual Offences Act 2003;
* Trespassing With The Intent To Commit A Sexual Offence - Section 63 Sexual Offences Act 2003; and
* Administering A Substance With Intent - Section 63 Sexual Offences Act 2003.

Question 2

Committing A Criminal
Offence With The
Intent To Commit A
Sexual Offence
Section 62 Sexual Offences Act 2003
2 steps

Answer 2

Step 1
The person commits
any offence.

step 2
At the time of committing any offence
they do so
with the intention of committing
an offence under Part 1 Sexual Offences Act
2003.

Part 1 Offences Only!
Not any sexual offence
The offence does not extend
to the intent to commit other sexual offences
outside
the scope of Part 1 Sexual Offences Act 2003

Result Of The Part 1 Sexual
Offence Required?
No
It is only necessary to show that both:
* The person had the ulterior motive of committing the any
initial offence; and
* That they did so with the purpose of facilitating the Part 1
sexual offence thereafter.

Question 3

Trespassing With The
Intent To Commit A
Sexual Offence
Section 63 Sexual Offences Act 2003
3 steps

Answer 3

Step 1
Did the accused trespass on any premises?

Definition Of Premises
Either a:
* Structure; or
* Part of a structure
..which is either:
* Fixed;
* Temporary; or
* Moveable.

Think Wide
The definition is wider than that of “premises” in
relation to burglary offences and can include:
* Tents;
* Vehicles; and
* Vessels

step 2
Did the accused either:
* Know; or
* Were they subjectively reckless
…that they were a trespasser?

step 3
At the time of trespassing
did the accused have the ulterior motive (intent)
of committing
a sexual offence
under Part 1 Sexual Offences Act 2003
on the premises?

Part 1 Offences Only!
Not any sexual offence
The offence does not extend
to the intent to commit other sexual offences
outside
the scope of Part 1 Sexual Offences Act 2003

Whereabouts Of The Intended
Sexual Offence?
On the premises.
If the trespasser intended to commit the sexual
offence away from the premises — no offence.

Result Required?
No
* It is not necessary for the subsequent sexual offence
to be committed on the premises.
* It is merely necessary to show that whilst
trespassing, the person intended to commit the Pa
sexual offence on the premises.

Question 4

Administering A
Substance With Intent
Section 63 Sexual Offences Act 2003
3 steps

Answer 4

Step 1
Did the accused intentionally either:
* Administer a substance to another person; or
* Cause a substance to be taken by another
person;

Nature Of The Substance
The substance can be either:
* One capable of stupefying or overcoming the
victim — e.g. Rohypnol; alcohol etc; or
*A non-harmful substance - if the person ha
mistaken belief that it is capable of stupefying
or overpowering the victim.

step 2
Did the accused know that the victim did not
consent to the administration?

Step 3
Was the accused’s intention
for the administration
to stupefy or overcome the victim
to enable any person
to carry out a sexual activity
with the victim?

When IS The Offence Complete?
The offence will be complete as soon as the
intention is formed.

Result Required?
No
There is no need for the result of either:
* Intoxication / stupefaction; or
* Sexual activity.