Assault with intent to commit sexual violation (Section 129(2) Crimes Act 1961)

Charge 1: Assault with intent to commit sexual violation under s 129(2) 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 pulled Ms Jones towards him by the arm?
	If no, find Mr Smith not guilty. If yes, go to question two.
2.	Are you sure that, at the time he pulled her towards him, Mr Smith intended to have sexual connection with Ms Jones’ [by inserting his penis into her genetalia]?
	If no, find Mr Smith not guilty. If yes, go to question three.
3.	Are you sure that Ms Jones did not consent to the intended sexual connection with Mr Smith at the time he pulled her towards him?
	"Consent" means true consent freely given by a person who is in a position to make a rational decision. Lack of protest or physical resistance does not, of itself, amount to consent. If no, find Mr Smith not guilty. If yes, go to question four.
4.	Are you sure that either: a) at the time Mr Smith pulled Ms Jones towards him, Mr Smith did not believe that Ms Jones was consenting to the intended sexual connection? OR b) at the time Mr Smith pulled Ms Jones towards him, there were not reasonable grounds for Mr Smith to believe that Ms Jones was consenting to the intended sexual connection?
	*Note*: All 12 of you do not need to agree on which of (a) or (b) above applies, as long as all 12 of you are sure that either (a) or (b) applies. If no, find Mr Smith not guilty. If yes, find Mr Smith guilty.