Wounding, etc. with specific intent (Sections 188 Crimes Act 1961)

Charge 1: Wounding with intent to cause grievous bodily harm under sections 188(1) and 48 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 cut Mr Jones’ arm with the machete on 30 June 2019?
	If no, find Mr Smith not guilty If you answer yes and Mr Smith is relying on self-defence, go to question two. If you answer yes and Mr Smith is not relying on that defence, go to question four.
	Self-defence If you reach this point, and before answering questions two and three, you must decide what Mr Smith believed the circumstances to be when he cut Mr Jones’ arm with the machete. 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.
2.	Given what Mr Smith believed was happening at the time, are you sure that, when he cut Mr Jones with the machete, Mr Smith was not acting to defend himself from Mr Jones?
	If no, go to question three. If yes, go to question four.
3.	Are you sure that the force used by Mr Smith against Mr 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 four.
4.	Are you sure that, when Mr Smith cut Mr Jones’ arm with the machete, he intended to cause him grievous bodily harm?
	“Grievous bodily harm” is really serious harm interfering with health or human function. If no, find Mr Smith not guilty. If yes, find Mr Smith guilty.