Conspiracy to obstruct, prevent, pervert, or defeat the course of justice (Section 116 Crimes Act 1961)

Charge 1: Conspiring to defeat the course of justice under section 116 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 between 23 July 2018 and 19 August 2018, Mr Smith and Mr Green knew about the charges against Mr Smith?
	If no, find Mr Smith not guilty. If yes, go to question two.
2.	Are you sure that between 23 July 2018 and 19 August 2018, Mr Smith and Mr Green agreed with each other that Mr Green would make contact with Ms Jones and ask her to drop the charges against Mr Smith?
	If no, find Mr Smith not guilty. If yes, go to question three.
3.	Are you sure that Mr Smith intended that the agreement to make contact with Ms Jones, and ask her to drop the charges against Mr Smith would be carried out?
	If no, find Mr Smith not guilty. If yes, go to question four.
4.	Are you sure that asking Ms Jones to drop the charges would tend to prevent a court from doing justice?
	“Preventing a court from doing justice” means actions which have the tendency to negatively affect the effective and fair conduct of existing or contemplated judicial proceedings. If no, find Mr Smith not guilty. If yes, go to question five.
5.	Are you sure that, when he agreed to have Mr Green ask Ms Jones to drop the charges, Mr Smith intended to prevent a court from doing justice?
	“Preventing a court from doing justice” means actions which have the tendency to negatively affect the effective and fair conduct of existing or contemplated judicial proceedings. If no, find Mr Smith not guilty. If yes, find Mr Smith guilty.