Attempts (Sections 72 and 235 Crimes Act 1961)
[Note: In relation to attempts, judges perform an important gate-keeping role when determining whether particular acts or omissions amount to more than mere preparation and so are sufficiently proximate to constitute attempts, as their decisions determine the reach of the law in particular cases. Ultimately, this comes down to a judicial evaluation: see Johnston v R [2016] NZSC 83, [2016] 1 NZLR 1134 at [13].]
Charge 1: Attempted aggravated robbery under sections 72 and 235 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 intended to steal money or goods from the Mobil Service Station with force, and to use the sawn-off shotgun in the process? |
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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 that Mr Smith obtained possession of the shotgun and balaclava, and drove to the rear of the Mobil Service Station for the purpose of committing the intended robbery? |
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If no, find Mr Smith not guilty. If yes, find Mr Smith guilty. |