Criminal Intent And Actions

Summary

X unlawfully entered the property, constituting housebreaking with intent. Crimen iniuria involves impairing someones dignity or privacy. Despite Ds mental state preventing her from understanding Xs words, Xs actions still constitute attempted crimen iniuria due to the intent and potential impact on a reasonable persons dignity. Therefore, X commits housebreaking with intent and attempted crimen iniuria.

Full Conversation

H and W have a mentally defective daughter, D. X is a convicted thief who has been granted bail and who is now roaming the streets. One afternoon while D is swimming in the swimming pool at her parental home, X pushes open the small garden gate, enters the yard and approaches D at the swimming pool. There X undresses himself in front of D and invites D in vulgar language to engage in sexual deeds with him (X). Due to her mental defect, D does not understand X’s words. H then sees X from the bedroom window, rushes outside and chases X away before X can engage in any sexual deeds with D. a. X commits housebreaking with the intent but not crimen iniuria because D did not understand X’s words and therefore did not feel humiliated. b. X commits housebreaking with the intent and attempted crimen iniuria. c. X commits housebreaking with the intent and crimen iniuria. d. X commits crimen iniuria although D did not understand X’s words and therefore did not feel humiliated.
Based on the scenario you've described:
- Housebreaking with intent: X unlawfully entered the property.
- Crimen iniuria: This crime involves unlawfully, intentionally, and seriously impairing the dignity or privacy of another person.
Given that D's mental state prevented her from understanding X's words, the key issue is whether X's actions still constitute crimen iniuria. The intent behind X's actions and the potential impact on a reasonable person's dignity are important factors.
Answer b: X commits housebreaking with intent and attempted crimen iniuria.
Do you need more detailed information about the legal implications of this crime in Botswana?