Commission of a crime with a firearm (Section 198B(1)(b) Crimes Act 1961)

Charge 1: Commission of a crime with a firearm under section 198B(1)(b) 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 committed the crime of kidnapping by forcing Ms Jones to go with him to the bush camp against her will?
	[Note: The charge will normally be heard with the substantive crime charged, which should be determined first. If this has not happened, a full question trail to establish whether the substantive charge is proved is necessary. If the substantive charge results in a verdict of not guilty, remove this charge.] [Note: Question one will need to be amended depending on the alleged crime.] If no, find Mr Smith not guilty. If yes, go to question two.
2.	Are you sure that while Mr Smith was kidnapping Ms Jones, he had the .22 rifle on him [or it was readily available for him to use]?
	If no, find Mr Smith not guilty. If yes, go to question three.
3.	Are you sure that while Mr Smith was kidnapping Ms Jones, he knew he had the .22 rifle on him [or that it was readily available for him to use]?
	If no, find Mr Smith not guilty. If yes, go to question four.
4.	Are you sure that, on the face of it, the circumstances show that Mr Smith had an intention to use the .22 rifle in connection with the kidnapping of Ms Jones?
	If no, find Mr Smith not guilty. If yes, find Mr Smith guilty.