Wilfully attempting to obstruct the course of justice (Section 117(e) Crimes Act 1961)
Charge 1: Wilfully attempting to obstruct the course of justice under section 117(e) 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 you must be sure that each element is proved.
| 1. | Are you sure that Mr Smith asked Ms Jones to delete the DVD surveillance footage for 21/2/19? |
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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 believed that judicial proceedings against him would or may have occurred? |
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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 Smith, in asking for the footage to be deleted, intended to prevent a court from doing justice? |
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“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. |