Murder or manslaughter (Sections 167(a)–(b) and 171 Crimes Act 1961)

Charge 1: Murder or manslaughter under sections 167(a)–(b) and 171 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 that you must be sure that each element is proved.

1.	Are you sure that Mr Smith hit Mr Jones on the head with a hammer on 14 January 2019?
	If no, find Mr Smith not guilty. Do not continue. If yes, go to question two.
2.	Are you sure that being hit on the head with the hammer was a substantial and operative cause of Mr Jones’ death?
	A “substantial and operative cause” does not have to be the main or the only cause of death. But, it must have played a part which was not insubstantial or insignificant. If no, find Mr Smith not guilty. Do not continue. If yes, go to question three.
3.	Are you sure that, when he hit Mr Jones on the head with the hammer, Mr Smith intended to kill Mr Jones?
	If no, go to question four. If all 12 of you answer yes, find Mr Smith guilty of murder. If not all 12 of you answer yes, go to question four.
4.	Are you sure that, when he hit Mr Jones on the head with the hammer, Mr Smith intended to cause Mr Jones bodily injury that was more than minor in nature?
	If no, find Mr Smith not guilty of murder and go on to consider manslaughter at question seven. If yes, go to question five.
5.	Are you sure that, when he hit Mr Jones on the head with the hammer, Mr Smith knew that his actions were likely to cause Mr Jones’ death?
	“Knew” means that Mr Smith had an actual or conscious appreciation that death was likely. “Likely” means that death could well happen or was a real risk. If no, find Mr Smith not guilty of murder and go on to consider manslaughter at question seven. If yes, go to question six.
6.	Are you sure that, when he hit Mr Jones on the head with the hammer, Mr Smith consciously ran the risk that Mr Jones would die as a result of his actions?
	If no, find Mr Smith not guilty of murder and go on to consider manslaughter at question seven. If all 12 of you answer yes, find Mr Smith guilty of murder. If some, but not all of you, are sure that the answer to question three is yes, and some, but not all of you, are sure that the answer to question six is yes, so that all 12 of you are sure that Mr Smith is guilty under either question three or six, then you must find Mr Smith guilty of murder. If not all 12 of you are sure that Mr Smith is guilty under either question three or six, then you must find Mr Smith not guilty of murder. If that is the case, proceed to consider the manslaughter questions below.
Manslaughter
7.	Are you sure that Mr Smith intentionally hit Mr Jones on the head with the hammer?
	If no, find Mr Smith not guilty of manslaughter. If yes, go to question eight.
8.	Are you sure that Mr Smith hitting Mr Jones on the head with the hammer was likely to cause more than trivial harm to Mr Jones?
	If no, find Mr Smith not guilty of manslaughter. If yes, find Mr Smith guilty of manslaughter.