Hybrid section 66(1) and (2) Crimes Act 1961- No unanimity required
Charge 1: Wounding with intent to cause grievous bodily harm
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.
Alternative 1 |
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| 1. | Are you sure that on the morning of 13 September 2018 Mr Thomas used a machete to cut Mr Jones’ arm? |
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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 the machete cut to Mr Jones’ arm was the cause of his bleeding? |
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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 that Mr Thomas, in cutting Mr Jones with the machete, intended to cause grievous bodily harm to Mr Jones? |
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“Grievous bodily harm” is really serious harm interfering with health or human function. If no, find Mr Smith not guilty. If yes, go to question four. |
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| 4. | Are you sure that Mr Smith encouraged Mr Thomas to cut Mr Jones with the machete by saying “give it to him” or words to that effect? |
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If no, go to Alternative 2. If yes, go to question five. |
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| 5. | Are you sure that Mr Smith intended to encourage Mr Thomas to cut Mr Jones’ arm? |
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If no, go to Alternative 2. If yes, go to question six. |
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| 6. | Are you sure that Mr Smith knew that Mr Thomas was going to wound Mr Jones? |
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“Wound” means to cause an injury involving a breaking of the skin, a cut or laceration of some kind. This will usually be evidenced by a flow of blood, whether external or internal. If no, go to Alternative 2. If yes, go to question seven. |
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| 7. | Are you sure that Mr Smith knew that Mr Thomas intended to cause grievous bodily harm to Mr Jones? |
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"Grievous bodily harm" is really serious harm interfering with health or human function. If no, go to Alternative 2. If yes, find Mr Smith guilty. If all 12 of you agree that you are sure that Mr Smith is guilty under Alternative 1, then you must find him guilty. |
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Alternative 2 |
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| 1. | Are you sure that on the morning of 13 September 2018, Mr Thomas used a machete to cut Mr Jones’ arm? |
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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 the machete cut to Mr Jones’ arm was the cause of his bleeding? |
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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 that Mr Thomas, in cutting Mr Jones with the machete, intended to cause grievous bodily harm to Mr Jones? |
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“Grievous bodily harm” is really serious harm interfering with health or human function. If no, find Mr Smith not guilty. If yes, go to question four. |
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| 4. | Are you sure that there was a shared understanding or agreement between Mr Smith and Mr Thomas to steal Mr Jones’ car? |
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If no, find Mr Smith not guilty. If yes, go to question five. |
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| 5. | Are you sure that Mr Smith and Mr Thomas had both agreed to help each other and participate to achieve their common goal of stealing Mr Jones’ car? |
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If no, find Mr Smith not guilty. If yes, go to question six. |
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| 6. | Are you sure that Mr Thomas inflicted the cut to Mr Jones’ arm in the course of stealing Mr Jones’ car? |
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If no, find Mr Smith not guilty. If yes, go to question seven. |
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| 7. | Are you sure that Mr Smith intended that Mr Thomas would wound Mr Jones? |
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"Wound” means to cause an injury involving a breaking of the skin, a cut or laceration of some kind. This will usually be evidenced by a flow of blood, whether external or internal. If no, go to question eight. If yes, find Mr Smith guilty. |
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| 8. | Are you sure that Mr Smith knew that it was a probable consequence that Mr Thomas was going to wound Mr Jones in carrying out their common goal of stealing Mr Jones’ car? |
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"Wound” means to cause an injury involving a breaking of the skin, a cut or laceration of some kind. This will usually be evidenced by a flow of blood, whether external or internal. “Probable consequence” means Mr Smith knew that there was a substantial or real risk that Mr Thomas would cause grievous bodily harm or that it could well happen. If no, find Mr Smith not guilty. If yes, go to question nine. |
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| 9. | Are you sure that Mr Smith knew that it was a probable consequence that Mr Thomas intended to cause grievous bodily harm to Mr Jones in carrying out their common goal of stealing Mr Jones’ car? |
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“Grievous bodily harm” is really serious harm interfering with health or human function. “Probable consequence” means Mr Smith knew that there was a substantial or real risk” that Mr Thomas intended to cause grievous bodily harm or that it could well happen. If no, find Mr Smith not guilty. If yes, find Mr Smith guilty. If all 12 of you agree that you are sure that Mr Smith is guilty under Alternative 2, then you must find him guilty. If some, but not all of you, are sure that Mr Smith is guilty under Alternative 1, and some, but not all of you, are sure that Mr Smith is guilty under Alternative 2, so that all 12 of you are sure that Mr Smith is guilty under either Alternative 1 or Alternative 2, then you must find Mr Smith guilty. |
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