Sexual connection with a young person under section 134(1) Crimes Act 1961 where the statutory defence is raised

Charge 1: Sexual connection with a young person under section 134(1) of the Crimes Act 1961

On questions 1–3 the Crown must prove the element of the offence. That is called the burden of proof. The Crown carries that burden. Also, the Crown must prove the elements in questions 1–3 beyond reasonable doubt. This 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?
	If no, find Mr Smith not guilty. If yes, go to question two.
2.	Are you sure that Ms Jones was under the age of 16?
	If no, find Mr Smith not guilty. If yes, go to question three.
3.	Are you sure that Mr Smith had sexual connection with Ms Jones [being the connection between his penis and her mouth]?
	[Note: Amend or delete the words in square brackets above as required.] Sexual connection between the penis of one person and the mouth of another does not require penetration. Any connection between the penis of one person with the mouth, tongue or lips of the other will be sufficient. If no, find Mr Smith not guilty. If yes, go to question four.
On questions 4, 5 and 6, the burden of proof lies on Mr Smith, who must satisfy you on those issues on the balance of probabilities, which means "more likely than not".
4.	Has Mr Smith satisfied you that it is more likely than not that, before Mr Smith effected connection between his penis and Ms Jones' mouth, he had taken reasonable steps to find out whether Ms Jones was aged 16 years or over?
	If yes, go to question five. If no, find Mr Smith guilty.
5.	Has Mr Smith satisfied you that it is more likely than not that, at the time Mr Smith effected connection between his penis and Ms Jones' mouth, he believed on reasonable grounds that Ms Jones was aged 16 years or over?
	If yes, go to question six. If no, find Mr Smith guilty.
6.	Has Mr Smith satisfied you that it is more likely than not that Ms consented to the connection between Mr Smith's penis and her mouth?
	"Consent" means true consent freely given by a person who is in a position to make a rational decision. Lack of protest or physical resistance does not, of itself, amount to consent. If yes, find Mr Smith not guilty. If no, find Mr Smith guilty.