Aggravated assault (by force) (Section 192(1) Crimes Act 1961)
Charge 1: Aggravated assault under section 192(1) 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 punched Mr Jones? |
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The punch must be an application of force to Mr Jones. The slightest degree of force is enough. If no, find Mr Smith not guilty. If you answer yes and Mr Smith is relying on the defence of consent, go to question two. If you answer yes and Mr Smith is not relying on that defence, go to question four. |
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| 2. | Are you sure that Mr Jones did not consent to the punch? |
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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 did not believe that Mr Jones consented to being punched? |
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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 Mr Smith punched Mr Jones with the intention of avoiding arrest by taking the car keys off him and getting back into his car and driving away? |
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If no, find Mr Smith not guilty. If yes, find Mr Smith guilty. |