Intentional damage (Section 269(3) Crimes Act 1961)
Charge 1: Intentional damage under section 269(3) 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? |
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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 intended to damage the crane by unscrewing the boom traveller? |
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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 damaged the crane by unscrewing the boom traveller with reckless disregard for the safety of any other property? |
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“Reckless” means that Mr Smith recognised that, by damaging the crane by unscrewing the boom traveller, there was a real possibility that any other property could be damaged 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. "Property” includes land and personal property, and any right or interest in any land or personal property, money, electricity, and any debt, and any right to a claim in court, and any other right or interest. If no, find Mr Smith not guilty. If yes, find Mr Smith guilty. |