Hi, is someone able to help me understand the actus reus/mens rea elements that the prosecution needs to prove under section 37 of the Crimes Act? The section is as follows:
(1) A person is guilty of an offence if the person:
(3) In this section:
"another indictable offence" means an indictable offence other than an offence against this section.
(1) A person is guilty of an offence if the person:
(a) intentionally chokes, suffocates or strangles another person so as to render the other person unconscious, insensible or incapable of resistance, and
(b) is reckless as to rendering the other person unconscious, insensible or incapable of resistance.
(2) A person is guilty of an offence if the person:(b) is reckless as to rendering the other person unconscious, insensible or incapable of resistance.
Maximum penalty: imprisonment for 10 years.
(a) chokes, suffocates or strangles another person so as to render the other person unconscious, insensible or incapable of resistance, and
(b) does so with the intention of enabling himself or herself to commit, or assisting any other person to commit, another indictable offence.
(b) does so with the intention of enabling himself or herself to commit, or assisting any other person to commit, another indictable offence.
Maximum penalty: imprisonment for 25 years.
(3) In this section:
"another indictable offence" means an indictable offence other than an offence against this section.