Assault on a family member (Section 194A Crimes Act 1961)

Charge 1: Assault on a family member under section 194A 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 on 19 July 2019 at Tauranga, Mr Smith intentionally punched and/or kicked Ms Jones in the face as she lay on the ground?
	The punch and/or kick must be an application of force to Ms 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.
2.	Are you sure that Ms Jones did not consent to the punch and/or kick?
	If no, find Mr Smith not guilty. If yes, go to question three.
3.	Are you sure that Mr Smith did not believe that Ms Jones consented to being punched and/or kicked?
	If no, find Mr Smith not guilty. If yes, go to question four.
4.	Are you sure that Mr Smith was Ms Jones’ spouse [or partner] [or family member] [or ordinarily shared a household with Ms Jones] [or had a close personal relationship with Ms Jones] before 19 July 2019?
	[Note: It will be necessary to put in the question the specific family relationship alleged, and to relate that to the definition of “family relationship” in s 12 of the Family Violence Act 2018.] If no, find Mr Smith not guilty. If yes, find Mr Smith guilty.