Sexual connection with a young person under section 134(1) Crimes Act 1961 where the statutory defence is not raised
Charge 1: Sexual connection with a young person under section 134(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 Ms Jones was not married to Mr Smith? |
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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 Ms Jones was under the age of 16? |
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If no, find Mr Smith not guilty. If yes, go to question three. |
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| 3. |
Are you sure that Mr Smith had sexual connection with Ms Jones [being the introduction of an object held or manipulated by Mr Smith into her genitalia]? |
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[Note: Amend or delete the words in square brackets above as required.] The slightest degree of introduction of the penis [or another part of Mr Smith’s body] [or object] into the genitalia [or anus] will be sufficient. If no, find Mr Smith not guilty. If yes, find Mr Smith guilty.
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