Assault with a weapon (Section 202C(1)(b) Crimes Act 1961)

Charge 1: Assault with a weapon under section 202C(1)(b) 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 pushed Ms Jones to the ground?
	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 being pushed to the ground?
	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 pushed to the ground?
	If no, find Mr Smith not guilty. If yes, go to question four.
4.	Are you sure that Mr Smith had a baseball bat on him [or it was readily available for him to use] when he pushed Ms Jones to the ground?
	If no, find Mr Smith not guilty. If yes, go to question five.
5.	Are you sure that, on the face of it, the circumstances show that Mr Smith intended to use the baseball bat as a weapon?
	Mr Smith’s actual intention is not the issue. You assess this question from the standpoint of a reasonable observer who saw and heard what was going on at the time of the confrontation. You must be sure that the reasonable observer would conclude that there was an intention to use the bat as a weapon. If no, find Mr Smith not guilty. If yes, find Mr Smith guilty.