Assault With Intent to Commit Sexual Violation Flashcards Preview

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Flashcards in Assault With Intent to Commit Sexual Violation Deck (12):
1

Section

Sec 129 (2) Crimes Act 1961

2

Penalty

10 years

3

Ingredients

1) A Person
2) Assaults Another Person
3) With Intent to Commit Sexual Violation
4) Of the Other Person

4

A Person

Gender Neutral. Proven by Judicial notice or circumstantial evidence.

5

Assault

Assault means the act of applying or attempting to apply force to the person of another, directly or indirectly, or threatening by any act of gesture to apply such force to the person of another if the person making the threat has, or causes the other to believe on reasonable grounds that he has the present ability to effect his purpose.

Sec 2 Crimes Act 1961

6

Intent

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

7

R v Mohan

A decision to bring about, in so far as it lies within the accused's powering, the commission of an offence.

8

R v Waaka

A fleeting or passing thought is not sufficient.There must be a firm intent or firm purpose to effect an act.

9

Sexual Violation

Sexual Violation is the act of a person who:

(a) rapes another person or

(b) has sexual connection with another person.

Sec 128 (1) Crimes Act 1961

10

Rape

Person A rapes person B if Person A has sexual connection with person B, effected by the penetration of person B's genitalia by Person A's penis -

(a) without person B's consent to the connection and

(b) without believing on reasonable grounds that person B consents to the connection.

Section 128 (2), Crimes Act 1961

11

Sexual Connection - Sec 2 Crimes Act 1961

(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 a part of another person's genitalia or anus; or

(c) the continuation of connection of a kind described in paragraph (a) or paragraph (b).

Sec 2 Crimes Act, 1961

12

Of The other Person

Gender neutral. Proven by judicial notice or circumstantial evidence.