R v Honor [1918] NZCA 22; [1918] NZLR 510; [1918] GLR 258; 1 New Zealand Police Law Reports 332 (6 May 1918)

Last Updated: 12 January 2014

IN THE COURT OF APPEAL OF NEW ZEALAND

Rex

v

Honor

Coram: Stout CJ;

Edwards J;

Cooper J;

Chapman J;

Sim J

Solicitors for the Crown: Crown Law Office (Wellington).

Judgment: 6 May 1918

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STOUT CJ (orally)

In this case there were two charges against the accused. One was a charge of an attempt to unlawfully carnally know a girl over the age of 12 and under the age of 16 years. The second offence was that on several occasions he habitually did an indecent act intending thereby to offend a person. So far as the second charge was concerned the jury acquitted him. They, however, found him guilty of the attempt, and in my opinion the letters he sent the girl, his visiting the girl, and his indecent exposure to the girl, not on one occasion but on several occasions, knowing that she was looking, was an attempt by him to get her to give her consent. There was really nothing left to make the crime complete but one thing—namely, her consent. That being so, in my opinion he was properly convicted of an attempt. Section 93 of the Crimes Act, 1908, which deals with an attempt, is exceedingly wide. This was more than a mere preparation for an offence; it was really a series of acts done by the accused for the purpose of accomplishing his object, and our Act says: "Every one who, having an intent to commit an offence"—that is undoubtedly proved by his letter—"does or omits an act," &c.

The accused did an act, and he did several acts—there are his letters and his exposure—for the purpose of accomplishing his object, and he comes, in my opinion, within the very words of s 93. It is said, as has been quoted from some of the text - books, that it is impossible to lay down any definite rule on the subject; every case must depend on its own circumstances and facts; but in this case the accused did what was done with the one object—namely. to accomplish his purpose. In my opinion, therefore, the accused has been properly convicted.
EDWARDS J (orally)

I am of the same opinion. Each act was a separate act, and was done for or contributed to the purpose of having carnal knowledge of the child. It appears to me that the case comes within the very words of the section.

COOPER J (orally)
I agree. The girl was just 14 years of age. The accused exposed himself seven times to her in one day, showing her his private parts, and so conducting himself as to invite her to have carnal intercourse with him. That was for the purpose of exciting her sexual instincts in order that she might consent to have sexual intercourse with him, and was, in my opinion, an attempt to commit the offence of carnally knowing the girl, and therefore an attempt within the meaning of s 93 of the Crimes Act.

CHAPMAN J (orally)

I agree. There are several acts proved, and they form a series of acts leading in the direction of the accomplishment by the accused of his object. What s 93 requires is that a man shall do or omit an act for the purpose of accomplishing his object. These acts answered both the descriptions, and whether they would fulfil the common law definition of an attempt or not they certainly fulfil the definition that we have in s 93.
SIM J (orally)

I agree that the conviction ought to be affirmed, and I agree with what has been said by the other members of the Court on the subject, and do not desire to add anything further.
Conviction affirmed.