129 Attempted Sexual Violation & Assault With Intent To Commit Sexual Violation

Question 1

What offences does Section 129 create ?

Answer 1

129(1) Attempted sexual violation

129(2) Assault With Intent To Commit Sexual Violation

Question 2

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

Answer 2

• Intended to commit the offence AND

* Take a real and substantial step towards achieving that aim

Question 3

3 conditions must apply for an attempt to be convicted to succeed ?

Answer 3

Intent (Mens Rea) - Commit an offence

Act (Actus Reus) - They did something to achieve that end

Proximity - Act was sufficiently close

Question 4

Intention to commit an offence does not amount to an attempt …

Answer 4

Some act is required (the accused must have done something to discharge the duty for the purpose of accomplishing his/her object

Question 5

What must the crown prove regarding 129(1) ?

Answer 5

Defendant intended to commit the full act of sexual violation and acted as he did for the purpose of achieving that aim

Question 6

What was held in R v Harpur ?

Answer 6

An attempt includes ‘an act or omission constituting a substantial step in a course of conduct planned to culminate in his commissions of the crime’

Question 7

To be guilty of an Attempt

Answer 7

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 8

Section 192(2) requires proof of ?

Answer 8

An assault ie use or threat of force

Question 9

Assault defined …

Answer 9

Section 2
Act of intentionally applying or attempting to force to the person or another, directly or indirectly or threatening by any act or gesture to apply force to person or 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 propose

Question 10

Elements for S129(2)

Answer 10

Person
Assaults
Another person
With intent to commit sexual violation

Question 11

What are the two different type of intentions that can arise from s129(2) ?

Answer 11

• Hope that the complainant will then change their mind and consent to the act OR
• intending to commit the rape or sexual connection regardless of whether the complainant changes their mind