Sexual grooming where the statutory defence is not raised (Sections 131B, 98AA(1)(f) and 98AA(3) of the Crimes Act 1961)
Charge 1: Sexual grooming under sections 131B, 98AA(1)(f) and 98AA(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 under the age of 16 years on Sunday 2 October 2018? |
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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 Mr Smith communicated with Ms Jones by text on Sunday 2 October 2018? |
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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, after sending the text, Mr Smith intentionally met Ms Jones by picking her up in his car and taking her to Memorial Park [or travelled to Memorial Park with the intention of meeting Ms Jones] [or arranged for Ms Jones to travel with the intention of meeting Mr Smith]? |
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[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. |
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| 4. |
Are you sure that, when Mr Smith picked up Ms Jones in his car, he intended to have sexual connection with her? |
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To "intend to have sexual connection" means Mr Smith intended to introduce his penis [or another part of Mr Smith’s body] [or an object held or manipulated by Mr Smith] into the genitalia [or anus] of Ms Jones. Mr Smith does not have to intend to have sexual connection with Ms Jones on 2 October 2018 or immediately thereafter. It can be an intention to have sexual connection with her sometime in the future. If no, find Mr Smith not guilty. If yes, find Mr Smith guilty.
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