Accessory after the fact (Sections 71 and 312 Crimes Act 1961)

[Note: In circumstances where question one is disputed, it may be necessary to insert the question trail for that particular offence.]

Charge 1: Accessory after the fact under sections 71 and 312 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 Ms Jones committed the crime of robbery at the ASB Bank on 23 April 2019?
	If no, find Mr Smith not guilty. If yes, go to question two.
2.	Are you sure that Mr Smith knew that Ms Jones had committed the crime of robbery at the ASB Bank?
	If no, find Mr Smith not guilty. If yes, go to question three.
3.	Are you sure that Mr Smith took Ms Jones into his house and hid her in the attic [or provided Ms Jones with food and a change of clothing] [or bound Ms Jones’ wounds from the dog bites] [or disposed of the gun by throwing it off Mangere Bridge]?
	[Note: Amend or delete the words in square brackets above as required.] If no, find Mr Smith not guilty. If yes, go to question four.
4.	Are you sure that, when Mr Smith took Ms Jones into his house and hid her in the attic, he intended to help Ms Smith avoid being arrested [or to escape after being arrested] [or to avoid being convicted of the crime of robbery]?
	[Note: Amend or delete the words in square brackets above as required.] If no, find Mr Smith not guilty. If yes, find Mr Smith guilty.