Riot (section 87 Crimes Act 1961)
Charge 1: Participating in a riot under s 87 of the Crimes Act 1961
The Crown must prove each element of the offence. That is called the burden of proof. The Crown carries that burden. Also, the Crown must prove each element beyond reasonable doubt. This is called the standard of proof. It means you must be sure that each element is proved.
| 1. | Are you sure that on 6 June 2018 at Rimutaka Prison, Mr Smith was a member of a group of six or more persons (the Group) who had a common purpose including using violence against Corrections and Police officers? |
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If no, find Mr Smith not guilty. If yes, go to question two. |
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| 2. | Are you sure the Group (including Mr Smith) acted together in using violence against Corrections and Police officers (the Conduct)? |
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If no, find Mr Smith not guilty. If yes, go to question three. |
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| 3. |
Are you sure Mr Smith was a wilful participant in the Conduct? "Wilful participant" means that Mr Smith knowingly associated with the Group. Mere physical presence is not enough. |
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If no, find Mr Smith not guilty. If yes, go to question four. |
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| 4. | Are you sure the Conduct caused alarm to persons in the neighbourhood of the Group? |
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If no, find Mr Smith not guilty. If yes, find Mr Smith guilty. |