Indecent act on a child (Section 132(3) Crimes Act 1961)

Charge 1: Doing an indecent act on a child under section 132(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 on 1 June 2019, Ms Jones was under the age of 12?
	If no, find Mr Smith not guilty. If yes, go to question two.
2.	Are you sure that Mr Smith intentionally touched Ms Jones’ inner thigh?
	If no, find Mr Smith not guilty. If yes, go to question three.
3.	Are you sure that, in the circumstances, the touching would be regarded as indecent by right-thinking members of our community?
	If no, find Mr Smith not guilty. If yes, go to question four.
4.	Are you sure that Mr Smith was aware of the aspects of the touching, 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.