Male assaults female where self-defence is raised (Section 194 Crimes Act 1961)

Charge 1: Male assaults female under section 194 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 is a male and Ms Jones is a female?
	If no, find Mr Smith not guilty. If yes, go to question two. [OR This issue is not in dispute. Go to question two.]
2.	Are you sure that Mr Smith knew that Ms Jones is a female?
	[Note: Knowledge of the gender of the victim is assumed in the absence of evidence suggesting otherwise. Therefore, this issue will only need to be put to the jury where the defendant has pointed to some evidence to raise the issue. If there is such evidence, the Crown is required to prove knowledge beyond reasonable doubt] If no, find Mr Smith not guilty. If yes, go to question three.
3.	Are you sure that Mr Smith slapped Ms Jones on or about 26 June 2019?
	If no, find Mr Smith not guilty. If you answer yes and Mr Smith is relying on self-defence, go to question four. If you answer yes and Mr Smith is not relying on that defence, go to question six. Self-defence If you reach this point, and before answering questions four and five, you must decide what Mr Smith believed the circumstances to be when he slapped Ms Jones. The circumstances include Mr Smith’s beliefs as to the nature and seriousness of any attack or threat and his beliefs as to its imminence and the courses of action available to avoid or combat it.
4.	Given what Mr Smith believed was happening at the time, are you sure that Mr Smith was not acting to defend himself from Ms Jones when he slapped her?
	If no, go to question five. If yes, go to question six.
5.	Are you sure that the force used by Mr Smith against Ms Jones was not reasonable in the circumstances as Mr Smith believed them to be?
	If no, find Mr Smith not guilty. If yes, go to question six.
6.	Are you sure that Mr Smith intentionally slapped Ms Jones on or about 26 June 2019?
	If no, find Mr Smith not guilty. If yes, find Mr Smith guilty.