KembaraXtra-Case Law-Attempted Rape: Attorney General's Reference (No 1 of 1992)

Case Summary

• Case Name: Attorney General's Reference (No 1 of 1992) (1992) CA
• Facts: D, intoxicated, attempted to sexually assault a girl. He forced her to the ground, lay on top of her, lowered his trousers, and interfered with her private parts. He was unable to achieve penetration.
• Question for Court of Appeal: Does attempted rape require proof of attempted penile penetration of the vagina?

Ruling and Legal Principles

• Holding: The previous common law tests for the actus reus of attempts are irrelevant.
• Key Principle for Attempts: It is necessary to prove that the defendant "embarked on committing the crime itself."
• Application to Rape:
• Attempted rape does not necessarily require attempted or achieved penetration.
• "More than Merely Preparatory" Acts: Other actions can satisfy the actus reus for attempted rape.
• Examples from Case: Forcing the victim to the ground, lowering trousers, and interfering with private parts were sufficient for a jury to conclude that D's acts were "more than merely preparatory."