Semester 1 2026 – DUE 27 March 2026; 100% Correct
solutions and explanations.
X’s conduct gives rise to several criminal offences, which must be
considered by analysing each stage of his behaviour in relation to the
applicable principles of criminal law. The facts demonstrate a clear
progression from planning a sexual offence to the use of force and
intimidation, which supports multiple charges.
1. Attempted rape / attempted sexual offence
X’s conduct prior to and during the picnic strongly indicates an intention
to commit rape. Although no sexual intercourse occurred, X’s actions go
beyond mere preparation and amount to an attempt. In criminal law, an
attempt is established where a person, with the intention to commit an
offence, performs acts that are sufficiently close to completing that
offence.
In this case, X’s conduct shows clear intention (dolus) to engage in
sexual intercourse with Y without her genuine consent. This is evident
from his plan to take Y to a secluded location on his farm and his
deliberate intention to impair her ability to resist by forcing her to
consume alcohol. These actions are not remote or preparatory in a
distant sense; rather, they constitute direct steps toward achieving the
unlawful objective.
Furthermore, Y explicitly did not welcome X’s attention and had no
intention of engaging in sexual activity with him. X’s reliance on
alcohol to “relax” her and reduce her inhibitions is indicative of an
intention to override her lack of consent. The law recognises that
consent obtained through intoxication or coercion is not valid consent.
Therefore, X’s conduct falls within the realm of attempted rape, as he
clearly embarked on a course of conduct aimed at violating Y’s sexual
autonomy.