30 Mar 2006
L V R SC 49/2005
- Citation
- L V R SC 49/2005
- Court
- Supreme Court
Attempted sexual violation requires intent to perform the physical element of the substantive offence (eg penetration) together with the circumstance that the complainant does not consent and that the accused does not have a belief on reasonable grounds that the complainant consents; the trial judge's confused directions on proximity and mens rea exposed a real risk of miscarriage of justice and the attempt conviction must be set aside, but the completed offence conviction stands and its sentence must be reassessed by the Court of Appeal.