Aggravated assault (by threat) (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 raised his fist above his head in a way that amounted to a threat to punch Mr Jones?
	If no, find Mr Smith not guilty. If yes, go to question two.
2.	Are you sure that Mr Smith intended to threaten Mr Jones with the gesture?
	It is not necessary that he intended to actually carry out the threat. If no, find Mr Smith not guilty. If yes, go to question three.
3.	Are you sure that Mr Smith had the ability, at the time of making the threat, to carry out that threat?
	If no, go to question four. If yes, go to question five.
4.	Are you sure that Mr Smith caused Mr Jones to believe on reasonable grounds that Mr Smith had the ability, at the time of making the threat, to carry out that threat?
	If no, find Mr Smith not guilty. If yes, go to question five.
5.	Are you sure that Mr Smith threatened to punch Mr Jones with the intention of avoiding arrest by taking the car keys off him and getting back into his car and driving away?
	If no, find Mr Smith not guilty. If yes, find Mr Smith guilty.