Incest (Section 130 Crimes Act 1961)
Charge 1: Incest under section 130 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 had sexual connection with Ms Jones [being the connection between his penis and her mouth]? |
|
[Note: Amend or delete the words in square brackets above as required.] Sexual connection between the penis of one person and the mouth of another does not require penetration. Any connection between the penis of one person with the mouth, tongue or lips of the other will be sufficient. If no, find Mr Smith not guilty. If yes, go to question two. |
|
| 2. | Are you sure that Ms Jones is Mr Smith’s daughter? |
|
[Note: It will be necessary to put in the specific relationship alleged, and to relate that to the list of relationships set out in s 130(1)(a).] If no, find Mr Smith not guilty. If yes, go to question three. |
|
| 3. | Are you sure that Mr Smith knew that Ms Jones is his daughter? |
|
[Note: It will be necessary to put in the specific relationship alleged, and to relate that to the list of relationships set out in s 130(1)(a).] If no, find Mr Smith not guilty. If yes, go to question four. |
|
| 4. |
Are you sure that Mr Smith was over the age 16 years at the time he had sexual connection with Ms Jones [being the connection between his penis and her mouth]?”? |
|
If no, find Mr Smith not guilty. If yes, find Mr Smith guilty. |