Intentional damage (Section 269(1) Crimes Act 1961)

Charge 1: Intentional damage under section 269(1) 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 you must be sure that each element is proved.

1.	Are you sure that Mr Smith damaged the crane by unscrewing the boom traveller?
	If no, find Mr Smith not guilty. If yes, go to question two.
2.	Are you sure that Mr Smith intended to damage the crane by unscrewing the boom traveller or was reckless as to whether he did so?
	“Reckless” means that Mr Smith recognised there was a real possibility that the boom traveller could be damaged when he rotated the screw heads with the coin and that, having regard to that possibility, Mr Smith’s actions were unreasonable. “Unreasonable” actions are actions that a reasonable and prudent person would not have taken. If no, find Mr Smith not guilty. If yes, go to question three.
3.	Are you sure that Mr Smith knew or ought to have known that danger to life was likely to result?
	“Ought to have known” means a person of Mr Smith’s intelligence and capacity would have recognised that his actions were likely to cause a danger to human life. “Life” means human life. If no, find Mr Smith not guilty. If yes, find Mr Smith guilty.