Conduct of kneeling or crouching within a forearm's length of a complainant's exposed penis while touching it, having verbally expressed the desire to perform oral sex, is capable of satisfying the requirements of s 321N of the Crimes Act 1958 (Vic) as conduct more than merely preparatory to and immediately connected with the commission of sexual penetration. The Libke formulation ('must, as distinct from might, have entertained a doubt') does not impose a more stringent standard than the M test.
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