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Preparatory Offences 

Preparatory Offences
Chapter:
Preparatory Offences
Author(s):

Paul Connor

DOI:
10.1093/law/9780198806387.003.0024
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Subscriber: null; date: 15 August 2018

24.1 Introduction

Although these offences are dealt with relatively quickly in your Manual you will have realised by now that this is not indicative of your examiners’ approach to the material. As preparatory offences are never far from the headlines, particularly the offence of administering a substance with intent, you can safely assume that questions on this area of the Sexual Offences Act 2003 may find their way into your examination.

24.2 Aim

The aim of this section is to give you a thorough understanding of the ‘Preparatory Offences’ found under ss. 61, 62 and 63 of the Sexual Offences Act 2003.

24.3 Objectives

At the end of this section you should be able to:

  1. 1. Define and explain the offence of administering a substance with intent (s. 61 of the Sexual Offences Act 2003).

  2. 2. Define and explain the offence of committing a criminal offence with intent to commit a sexual offence (s. 62 of the Sexual Offences Act 2003).

  3. 3. Define and explain the offence of trespass with intent to commit a relevant sexual offence (s. 63 of the Sexual Offences Act 2003).

  4. 4. Apply your knowledge to multiple-choice questions.

24.4 Administering a Substance with Intent

24.4.1 Exercise—A Series of Events

Examine the following scenarios and decide whether an offence has been committed or not. Give reasons for your answers.

  1. 1. DELEHAY is in a nightclub drinking from a bottle of beer. HURLSTON places GHB (a date-rape drug) into DELEHAY’s bottle of beer without her knowledge, intending to stupefy her so that he can rape her. DELEHAY drinks the beer and passes out.

    • Section 61 offence committed?

    • Yes / No

    • Why / Why not?

    • ____________________________________________________________________________________

  2. 2. KANSAL and RAVENHALL are in a nightclub drinking double vodkas. KANSAL is sexually attracted to RAVENHALL and thinks that RAVENHALL might be more likely to have sexual intercourse with him if he bought her triple vodkas. He suggests that they should have stronger drinks and RAVENHALL agrees. KANSAL buys RAVENHALL a number of triple vodka drinks, intending to make her more susceptible to his advances. Owing to the effects of the triple vodka drinks, RAVENHALL agrees to have sexual intercourse with KANSAL.

    • Section 61 offence committed?

    • Yes / No

    • Why / Why not?

    • ____________________________________________________________________________________

  3. 3. TUCKWELL is working behind a bar in a pub when YASIN walks in. TUCKWELL has always liked YASIN, but she has constantly spurned his advances. When YASIN asks for a coke, TUCKWELL puts rohypnol (a date-rape drug) into her drink. He intends the drug to overpower YASIN so that he can commit an offence of assault by penetration (contrary to s. 2 of the Sexual Offences Act 2003) against her. YASIN drinks the coke and becomes ill.

    • Section 61 offence committed?

    • Yes / No

    • Why / Why not?

    • ____________________________________________________________________________________

  4. 4. RIPPON and YOUNG (two females) are attracted to SHELLAM (a male) who works in the same office as they do. One evening when the three are working overtime, RIPPON approaches SHELLAM from behind and places a cloth impregnated with chloroform over his face. SHELLAM falls unconscious to the floor. RIPPON has done this with the intention of enabling YOUNG to commit an offence of sexual touching (contrary to s. 3 of the Sexual Offences Act 2003) against SHELLAM.

    • Section 61 offence committed?

    • Yes / No

    • Why / Why not?

    • ____________________________________________________________________________________

24.5 Committing an Offence with Intent to Commit a Sexual Offence

24.5.1 Exercise—What Do You Know?

Write down anything you know about this offence.

____________________________________________________________________________________

24.5.2 Exercise—BABB Scenario

Read the following scenario and use the information from the previous exercises to assist you to answer the questions.

BABB approaches GLADSTONE in a pub and begins chatting to her. Several minutes after they begin to talk to each other, BABB decides that he wants to have sex with GLADSTONE. However, it seems that he will be disappointed as, although GLADSTONE accepts a drink from him, she begins to talk to INMAN (another man standing at the bar). BABB feels insulted and annoyed by this rejection and decides that he will rape GLADSTONE at the first opportunity. BABB notices that GLADSTONE is wearing an expensive wristwatch and when the opportunity arises he manages to steal the watch from her wrist without her knowledge. His plan is that when GLADSTONE notices the wristwatch is missing he will help her look for it and then suggest that he escort her to a nearby police station to report it lost. As soon as they are outside the pub he will kidnap her and rape her. When GLADSTONE notices the wristwatch is missing BABB offers to help her look for it. GLADSTONE thanks BABB, but tells him not to bother as the watch was a cheap fake and then leaves the pub with INMAN.

  1. 1. Would the theft of the watch qualify as ‘any offence’?

    • Yes / No

  2. 2. What is a ‘relevant sexual offence’ and give an example of an excluded sexual offence?

    • ____________________________________________________________________________________

  3. 3. Does there have to be an immediate link between the offence committed and the relevant sexual offence?

    • Yes / No

  4. 4. What difference would it make if instead of stealing GLADSTONE’s wristwatch, BABB waited for her to leave the pub and as she did he kidnapped her intending to rape her?

    • ____________________________________________________________________________________

  5. 5. GLADSTONE left without BABB even getting close to the commission of the planned offence of rape. What effect will this have?

    • ____________________________________________________________________________________

  6. 6. Does BABB commit the offence?

24.6 Trespass with Intent to Commit a Relevant Sexual Offence

24.6.1 Exercise—A Definition?

What do you think the definition of this offence is?

24.6.2 Exercise—Further Points

Answer the following questions.

  1. 1. What is a ‘relevant sexual offence’ for the purposes of this offence?

    • ____________________________________________________________________________________

  2. 2. Which of the following would or would not be classed as ‘premises’ for the purposes of this offence?

    Example

    Premises

    Not Premises

    A semi-detached house

    A tent

    A Portakabin used as an office

    An abandoned houseboat

    A car

    The front garden of a private house

  3. 3. A person is a trespasser if they are on the premises without the owner’s consent.

    • True / False

  4. 4. This offence requires that the substantive sexual offence is at least attempted.

    • True / False

  5. 5. The defendant must intend to commit the relevant offence on the premises.

24.7 Conclusion

Now that you have concluded this section of the Workbook, you should be conscious of the fact that there is more to these offences than meets the eye. Having said that, there is no need to make them out to be complex and lengthy affairs because that is plainly not the case. Completing this section should put you in a strong position to deal with any questions relating to these offences.

24.8 Recall Questions

Try and answer the following questions.

  • What is a ‘substance’ for the purposes of s. 61 of the Sexual Offences Act 2003?

  • What is the definition of the offence under s. 62 of the Sexual Offences Act 2003?

  • What is a ‘relevant sexual offence’ for the purposes of ss. 62 and 63 of the Sexual Offences Act 2003?

  • What does the term ‘premises’ mean?

  • What is the definition of the offence under s. 63 of the Sexual Offences Act 2003?

24.9 Multiple-Choice Questions

Answers to these questions can be found in the ‘Answers Section’ at the end of the book. All explanations also include a reference back to the Investigators’ Manual 2018.

1. FOXALL (an adult male) goes to a nightclub where he sees WALKER (an adult female) standing at the bar. He asks her if she would like a drink and she asks for an orange juice. FOXALL buys WALKER an orange juice, but before he gives it to WALKER he asks a member of bar staff to add a double vodka to the drink. FOXALL’s motive is to stupefy WALKER so that he can commit an offence of sexual touching (contrary to s. 3 of the Sexual Offences Act 2003) against her. WALKER does not notice her orange juice has been ‘spiked’ and after FOXALL has bought her three more ‘spiked’ drinks she becomes very drunk. She staggers towards the toilets and FOXALL follows her intending to fondle her breasts, but before he can touch WALKER she falls over. A member of staff comes to her aid and FOXALL decides to leave.

Does FOXALL commit an offence contrary to s. 61 of the Sexual Offences Act 2003 (administering a substance with intent)?

  1. A No, as the offence of sexual touching has not been committed.

  2. B Yes, but this is an attempt to commit the offence.

  3. C No, as alcohol is not a ‘substance’.

  4. D Yes, in the circumstances all the elements of the offence are present.

Answer _____________________________

2. HUBBALL (a 56-year-old male) wants to sexually assault a female (committing an offence of sexual assault by touching contrary to s. 3 of the Sexual Offences Act 2003 in the process). He is walking in a park when he sees PARTON (a 19-year-old female) place her bike against a tree and walk off into some nearby woods. HUBBALL decides to immobilise the bike so that it cannot be ridden and plans to sexually assault PARTON when she returns and is examining her bike. HUBBALL jumps on the front wheel of the bike to buckle it and smashes the chain mechanism.

Considering the offence of committing a criminal offence with intent to commit a sexual offence (contrary to s. 62 of the Sexual Offences Act 2003) only, which of the following statements is correct?

  1. A HUBBALL commits the offence when he causes criminal damage to PARTON’s pedal cycle.

  2. B Sexual assault by touching is not a relevant sexual offence for the purposes of this offence.

  3. C HUBBALL would only commit the offence if he committed an offence of kidnapping or false imprisonment.

  4. D This offence is only committed when the criminal offence committed is one involving physical violence.

Answer _____________________________

3. ROCHESTER breaks into a house owned by NICHOLL intending to steal property. ROCHESTER searches the house for any property worth stealing. While he is searching he finds NICHOLL in the sitting room of the house and decides that he will kidnap her and take her to his own house where he will rape her. He grabs hold of NICHOLL who screams and fights back. ROCHESTER panics and runs away from the house.

Does ROCHESTER commit an offence in relation to s. 63 of the Sexual Offences Act 2003 (trespass with intent to commit a relevant sexual offence)?

  1. A Yes, as he was a trespasser and intended to commit a relevant sexual offence.

  2. B No, because he does not intend to commit the offence in the premises in which he is a trespasser.

  3. C Yes, but he will have to attempt to commit the relevant offence.

  4. D No, because when he entered as a trespasser he did not intend to commit a relevant sexual offence.

Answer _____________________________

Sexual Offences Act 2003—Offence Summaries

Sexual offences

Section 1 Rape

Section 5 Rape Victim U13

  • Male offender VAMPIRE

  • ss. 74, 75, 76 apply

Section 2 Assault by Penetration

Section 6 Assault by Penetration Victim U13

  • Penetrating vagina or anus with anything

  • ss. 74, 75, 76 apply

Section 3 Sexual Touching

Section 7 Sexual Touching Victim U13

  • Sexual touching without consent

  • ss. 74, 75, 76 apply

Section 4 Causing Sexual Activity

Section 8 Causing Sexual Activity Victim U13

  • Intentionally cause sexual activity

  • Penetration = life

  • ss. 74, 75, 76 apply

Anonymity, consent, sexual, touching and conduct

Anonymity

Presume anonymity for life

Section 74 Consent

  • Must be ‘true’ no fear or force

  • Agree by choice

  • Freedom and capacity to choose

Section 75 Evidential Presumptions

Rebuttable Sex SLAVE

Section 76 Conclusive Presumptions

Irrebuttable Deception or Impersonate

Section 78 Sexual

  • Sexual by nature

  • May be sexual + circumstances or purpose

  • No exotic fetishes

Section 79 Touching

  • Any body part, with anything, through anything

  • Penetration is a continuing act

Criminal Conduct

  • No need for ejaculation

  • Surgically constructed = real

Child sex offences

Section 9 Sexual Activity with Child

  • Offender 18+ Victim U16 or U13

  • Consent is irrelevant if U13

Section 10 Inciting Section 9

  • Offender 18+

  • With defendant or 3rd party

  • No need for sexual activity

Section 11 Sexual Activity in Presence of Child

  • Offender 18+ Victim U16 or U13

  • For sexual gratification

  • Child must be there

Section 12 Causing Child to Watch a Sexual Act

  • Offender 18+ Victim U16 or U13

  • For sexual gratification

  • Watch 3rd person or image

Section 13 Child Sex Offence Committed by U18

  • Same offences as ss. 9 to 12

  • Offender U18

  • Max five years’ imprisonment

Section 14 Arranging or Facilitating Child Sex Offences

  • Arranging or facilitating ss. 9 to 13

  • Any part of the world

  • No need for sexual activity

Section 15 Meeting a Child Following Sexual Grooming

  • Offender 18+ Victim U16

  • Met or communicated ONCE

  • Any part of the world for sex offence

Preparatory offences

Section 61 Administer Substance with Intent

  • Any substance

  • Any sexual offence

  • Enable any person to engage in activity

  • No need for ulterior sex offence to take place

Section 62 Commit Criminal Offence with Intent to Commit Sexual Offence

  • Any criminal offence

  • Any sex offence covered by SOA 2003

  • Kidnap or False imprisonment = Life

  • No need for ulterior sex offence to take place

Section 63 Trespass with Intent to Commit a Relevant Sexual Offence

  • Premises = any structure or vehicle

  • Offence must take place in premises

  • Any sex offence covered by SOA 2003

  • No need for ulterior sex offence to take place