Indecent act on a young person where the statutory defence is not raised (Section 134(3) Crimes Act 1961)
Charge 1: Indecent act on a young person under section 134(3) 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 Ms Jones was not married to Mr Smith on 1 June 2019? |
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If no, find Mr Smith not guilty. If yes, go to question two. |
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| 2. | Are you sure that on 1 June 2019, Ms Jones was under 16 years of age? |
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If no, find Mr Smith not guilty. If yes, go to question three. |
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| 3. | Are you sure that Mr Smith intentionally touched Ms Jones by putting his hands down her pants in the area of her bottom when they were in the garden? |
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If no, find Mr Smith not guilty. If yes, go to question four. |
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| 4. | Are you sure that, in the circumstances, the touching would be regarded as indecent by right-thinking members of our community? |
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If no, find Mr Smith not guilty. If yes, go to question five. |
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| 5. | Are you sure that Mr Smith was aware of the aspects of the touching, and the surrounding circumstances, which right-thinking members of the community would consider made his behaviour indecent? |
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If no, find Mr Smith not guilty. If yes, find Mr Smith guilty. |