LAW230 Lecture Notes - Lecture 9: Indictable Offence, Summary Offence, 18 Months
Document Summary
The mens rea for a sexual assault" is sexual gratification on the part of. So, if a guy accidentally bumps into a woman and his elbow touches her breast unintentionally, this is not sexual assault it is an accident. But, if the same guy deliberately grabs a woman"s breast without her permission and does it to get himself aroused", then it is a sexual assault: sexual assault level one (sec 271 c. c. So, he appealed and wanted to only be found guilty of assault". The judge decided that to make an assault a sexual assault, then the court had to consider: The accused"s intent or purpose as well as his motive, if such motive is sexual gratification, may also be factors in considering whether the conduct is sexual. : sexual assault level two (sec. Police foundations-law230: is a party to the offence with any other person (gang sexual assault or,
