R v Kim [2020] NSWDC 405

The court found beyond reasonable doubt that Mr Kim intended to have sexual intercourse with the complainant without her consent, as shown by his actions and attempts despite her resistance, and that these acts went beyond mere preparation to constitute an attempt. Intoxication did not negate the formation of specific intent in these circumstances.

Jurisdiction: Australia
Judgment Date: 30 July 2020
Procedural Posture: Criminal Trial (judge Alone) / Judgment After Trial
Outcome: Convicted (guilty verdict) of attempt to have sexual intercourse without consent
Legal Topics: ['attempted Sexual Intercourse Without Consent' 'intoxication' 'specific Intent' 'mere Preparation Vs Attempt']

['criminal Law'] ['attempted Sexual Intercourse Without Consent' 'intoxication' 'specific Intent' 'mere Preparation Vs Attempt']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Criminal Trial (judge Alone) / Judgment After Trial

Legal Issues

1 ['Whether the accused attempted to have sexual intercourse with the complainant without her consent, knowing she was not consenting' 'Whether the accused formed the requisite intent considering intoxication' "Whether the accused's actions amounted to more than mere preparation"]

Ratio Decidendi

Court Disposition

Convicted (guilty verdict) of attempt to have sexual intercourse without consent

Orders

['Conviction entered for attempt to have sexual intercourse without consent on 19 July 2019 in Sydney, New South Wales']