Assault with intent to commit sexual violation

Question 1

Section

Answer 1

129(2), Crimes Act 1961

Question 2

Penalty

Answer 2

10 years

Question 3

Ingredients

Answer 3

1) A person
2) Assaults another person
3) With intent to commit sexual violation
4) Of another person

Question 4

Assault

Answer 4

• The act of intentionally applying or attempting to apply force to the person of another directly or indirectly
• Or by 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 othe to believe on reasonable grounds that her has
• present ability to effect his purpose, and to assault has corresponding meaning.

Question 5

Intent

Answer 5

They mean to do it, they desire a specific result and act with the aim or purpose of achieving it.

Question 6

R v Mohan

Answer 6

A decision to bring about, as so far as it lies within the accused’s power, the commission of the offence.

Question 7

R v Waaka

Answer 7

A fleeting or passing thought is not sufficient, there must be a firm intent of purpose to effect the act.

Question 8

Sexual violation

Answer 8

1)Sexual violation is the act of a person who
a) rapes another person, or
b) has unlawful sexual connection with another person
Section 128(1), Crimes Act 1961

Question 9

Rape

Answer 9

Person A rapes person B is person A has sexual connection with Person B, effected by the penetration f B’s genitalia by person A’s penis

• without person B’s consent to the connection AND
• without believing on reasonable grounds that person B consented to the connection

Question 10

unlawful sexual connection

Answer 10

Person A has unlawful sexual connection with person B is Person A has sexual connection with person B-

a) without person B’s consent to the connection AND
b) Without believing on reasonable grounds that person B consents to the connection

Question 11

Sexual connection

Answer 11

a) Connection effected by the introduction into the genitalia or anus of one person, otherwise than for genuine medical purposes, of
i) a part of the body of another person, or
ii) an object held or manipulated by another person, or
b) connection between the mouth or tongue of one person and part of another person’s genitalia or anus, or
c) the continuation of connection of a kind described in paragraph a) or b)