Possession of an offensive weapon or disabling substance (Section 202A(4)(a) Crimes Act 1961)

Charge 1: Possession of an offensive weapon [or disabling substance] under section 202A(4)(a) 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 was outside 85 Lambton Quay, which is a public place?
	If no, find Mr Smith not guilty. If yes, go to question two.
2.	Are you sure that, when he was outside 85 Lambton Quay, Mr Smith had a samurai sword on him [or it was readily available for him to use]?
	[Note: Where there is an issue as to whether the object in question constitutes an “offensive weapon”, this is likely to be an issue which the trial judge should hear argument on and determine. In doing so, the trial judge should have recourse to the definition in s 202A(1).] If no, find Mr Smith not guilty. If yes, go to question three.
3.	Are you sure that, when he was outside 85 Lambton Quay, Mr Smith knew he had the samurai sword 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, when he was outside 85 Lambton Quay, Mr Smith had no lawful authority to have the samurai sword with him?
	“Lawful authority” means that Mr Smith had a legal excuse for having the samurai sword. If no, find Mr Smith not guilty. If yes, go to question five.
5.	Are you sure that, when he was outside 85 Lambton Quay, Mr Smith had no reasonable excuse to have the samurai sword with him?
	“Reasonable excuse” means an excuse which you as a jury think is reasonable in the circumstances. If no, find Mr Smith not guilty. If yes, find Mr Smith guilty.