Attempted sexual violation (Sections 72 and 129(1) Crimes Act 1961)
Charge 1: Attempted sexual violation under sections 72 and 129(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 pushed Ms Jones to the ground and tried to remove her clothing? |
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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, in pushing Ms Jones to the ground, Mr Smith intended to have sexual connection with Ms Jones [by penetrating her genitalia with his penis]? |
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The slightest degree of introduction of the penis into the genitalia will be sufficient. If no, find Mr Smith not guilty. If yes, go to question three. |
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| 3. | Are you sure that Ms Jones did not consent to the intended sexual connection? |
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"Consent" means 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. |
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| 4. |
Are you sure that either: a) at the time Mr Smith pushed Ms Jones to the ground, Mr Smith did not believe that Ms Jones was consenting to the intended sexual connection? OR b) at the time Mr Smith pushed Ms Jones to the ground, there were not reasonable grounds for Mr Smith to believe that Ms Jones was consenting to the intended sexual connection? |
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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.
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