Assault by threat (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 drew his finger across his throat in a way that amounted to a threat to cut Ms Jones’ throat?
	If no, find Mr Smith not guilty. If yes, go to question two.
2.	Are you sure that Mr Smith intended to threaten Ms 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, find Mr Smith guilty.
4.	Are you sure that Mr Smith caused Ms 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, find Mr Smith guilty.