Unlawful assembly (Section 86(1)(b) Crimes Act 1961)

[Note: This question trail assumes the following factual scenario. The defendant (Mr Smith) arranged with several of his Mongrel Mob associates to go to a campground. They met elsewhere and then four of them got into a car to travel to the campground. The group was aware that a smaller group of Black Power members were already at the campground and wanted to intimidate them. On arriving at the campground the defendant and his associates got out of the car and began shouting slogans and swinging baseball bats.]

Charge 1: Unlawful assembly under section 86(1)(b) 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 that you must be sure that each element is proved.

1.	Are you sure that there was a gathering of at least three people at the campground, including Mr Smith?
	If no, find Mr Smith not guilty. If yes, go to question two.
2.	Are you sure that those people, including Mr Smith, intended to carry out the common purpose of intimidating the Black Power members?
	If no, find Mr Smith not guilty. If yes, go to question three.
3.	Are you sure that Mr Smith was a willing participant of the assembled group?
	If no, find Mr Smith not guilty. If yes, go to question four.
4.	Are you sure that the people assembled in the campground then behaved in accordance with their common purpose?
	If no, find Mr Smith not guilty. If yes, go to question five.
5.	Are you sure that the behaviour of the group would have led people in the campground to fear, on reasonable grounds, that the assembled group would needlessly provoke other people to use violence against people or property nearby?
	If no, find Mr Smith not guilty. If yes, go to question six.
6.	Are you sure that the behaviour of the assembled group was without reasonable excuse?
	“Reasonable excuse” means an excuse which you as a jury think is reasonable in the circumstances. If no, find Mr Smith not guilty. If yes, find Mr Smith guilty.