Manslaughter (Sections 160 and 171 Crimes Act 1961)

[Note: There is a common law requirement that the unlawful alleged act must also be dangerous. Whether the jury should be directed on the requirement will depend on the nature of the unlawful act alleged. The test of dangerousness is objective and does not require that the defendant was aware of the risk of harm.]

Charge 1: Manslaughter under sections 160 and 171 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. That is called the standard of proof. It means that you must be sure that each element is proved.

1.	Are you sure that Mr Smith hit Mr Jones on the head with a wine bottle?
	If no, find Mr Smith not guilty. If yes, go to question two.
2.	Are you sure that Mr Smith intentionally hit Mr Jones on the head with the wine bottle?
	If no, find Mr Smith not guilty. If yes, go to question three.
3.	Are you sure that hitting Mr Jones on the head with the wine bottle was likely to cause more than trivial harm to Mr Jones?
	If no, find Mr Smith not guilty. If yes, go to question four.
4.	Are you sure that being hit on the head with the wine bottle was a substantial and operative cause of Mr Jones’ death?
	A “substantial and operative cause” does not have to be the main or the only cause of death. But, it must have played a part which was not insubstantial or insignificant. If no, find Mr Smith not guilty. If yes, find Mr Smith guilty.