Are you sure that Mr Smith deliberately licked Ms Jones’ breasts on 28 March 2019?

If no, find Mr Smith not guilty.

If yes, go to question two.

Are you sure that, at the time Mr Smith deliberately licked Ms Jones’s breasts, Ms Jones had a significant impairment?

Note: A significant impairment is an intellectual, mental, or physical condition or impairment (or a combination of 2 or more intellectual, mental, or physical conditions or impairments) that affects a person to such an extent that it significantly impairs the person's capacity—

(a)      to understand the nature of sexual conduct; or

(b)      to understand the nature of decisions about sexual conduct; or

(c)      to foresee the consequences of decisions about sexual conduct; or

(d)      to communicate decisions about sexual conduct.

If no, find Mr Smith not guilty.

If yes, go to question three.

Are you sure that, at the time Mr Smith deliberately licked Ms Jones’s breasts, Mr Smith knew Ms Jones had a significant impairment?

Note: see the definition of significant impairment above at question two.

If no, find Mr Smith not guilty.

If yes, go to question four.

Are you sure that Mr Smith took advantage of Ms Jones' significant impairment in order to obtain her acquiescence in, submission to, participation in or undertaking of the sexual conduct?

If no, find Mr Smith not guilty.

If yes, go to question five.

Are you sure that, in the circumstances, the licking of Ms Hansen’s breasts would be regarded as indecent by right-thinking members of our community?

Note: the circumstances will include consideration of the complainant’s impairment.

If no, find Mr Smith not guilty.

If yes, go to question six.

Are you sure that Mr Howard was aware of the aspects of the licking, and the surrounding circumstances, which right-thinking members of the community would consider made his behaviour indecent?

If no, find Mr Smith not guilty.

If yes, find Mr Smith guilty.