Acid throwing (Section 199 Crimes Act 1961)

Charge 1: Acid throwing under section 199 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 Mr Smith intentionally threw a substance at Ms Jones?
	If no, find Mr Smith not guilty. If yes, go to question two.
2.	Are you sure that the substance thrown at Ms Jones was concentrated hydrochloric acid?
	If no, find Mr Smith not guilty. If yes, go to question three.
3.	Are you sure that Mr Smith knew that the concentrated hydrochloric acid was likely to cause injury?
	“Injury” means actual bodily harm. That is, discomfort that is more than minor or momentary. The harm need not be permanent or long-lasting. It may be internal or external. If no, find Mr Smith not guilty. If yes, go to question four.
4.	Are you sure that Mr Smith threw the concentrated hydrochloric acid at Ms Jones with the intention of injuring or disfiguring her?
	An “intention to injure” is an intention to cause actual bodily harm. That is, discomfort that is more than minor or momentary. The harm need not be permanent or long-lasting. It may be internal or external. It is not necessary that the intended harm actually occur. An “intention to disfigure” includes an intention to spoil Ms Jones’ appearance. If no, find Mr Smith not guilty. If yes, find Mr Smith guilty.