Assault with intent to injure (Section 193 Crimes Act 1961)

Charge 1: Assault with intent to injure under section 193 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. This 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 Mr Jones at 37 Joe Street Opotiki, on 2 June 2019?
	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 Mr Jones 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 Jones consented to being punched?
	If no, find Mr Smith not guilty. If yes, go to question four.
4.	Are you sure that Mr Smith intended to cause injury to Mr Jones when he punched him?
	To “injure” means harm calculated to cause Mr Jones discomfort to an extent that is more than minor or momentary. The harm need not be permanent or long lasting. It may be internal or external. It is not necessary that the intended harm actually occur. If no, find Mr Smith not guilty. If yes, find Mr Smith guilty.