Injuring with reckless disregard for the safety of others (Section 189(2) Crimes Act 1961)

Charge 1: Injuring with reckless disregard for the safety of others under s 189(2) 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 injured Ms Jones by striking her arm with the screwdriver?
	If no, find Mr Smith not guilty. If yes, go to question two.
2.	Are you sure that Mr Smith recognised the risk of causing injury to Ms Jones if he swung the screwdriver near her?
	If no, find Mr Smith not guilty. If yes, go to question three
3.	Are you sure that, despite recognising there was a risk that Ms Jones would be injured, Mr Smith took the risk and swung the screwdriver near Ms Jones?
	If no, find Mr Smith not guilty. If yes, go to question four.
4.	Are you sure that, in the circumstances, it was unreasonable for Mr Smith to take the risk?
	An unreasonable risk is one that a reasonable and prudent person would not have taken. If no, find Mr Smith not guilty. If yes, find Mr Smith guilty.