Assault by application of force (Section 196 Crimes Act 1961)
Charge 1: Assault under section 196 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 [or attempted to punch] Mr Green in the face after the line-out? |
|
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, find Mr Smith guilty. |
|
| 2. | Are you sure that Mr Green did not consent to the punch? |
|
If no, find Mr Smith not guilty. If yes, go to question three. |
|
| 3. | Are you sure that Mr Smith did not believe that Mr Green consented to being punched? |
|
You must be sure that the punch went beyond what could reasonably be expected to happen in a game of rugby. If no, find Mr Smith not guilty. If yes, find Mr Smith guilty. |