Assault with intent to rob (Section 236(1)(b) Crimes Act 1961)
Charge 1: Assault with intent to rob under section 236(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 punched Mr Jones? |
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If no, find Mr Smith not guilty. If yes, go to question two. |
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| 2. |
Are you sure that, at the time he punched Mr Jones, Mr Smith intended to steal Mr Jones’ property? |
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[Note: The definition of “steal” which appears in this question is taken from the elements of the offence of theft.] To “steal” means Mr Smith intended to: (a) take some of Mr Jones’ property; and (b) take the property dishonestly (knowing that it belonged to Mr Jones and that Mr Jones did not consent to the taking); and (c) take the property without claim of right (a belief the act was lawful); and (d) take the property with the intent to permanently deprive Mr Jones of it. If no, find Mr Smith not guilty. If yes, go to question three. |
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| 3. |
Are you sure that, at the time he punched Mr Jones, Mr Smith was armed with the yellow-handled knife? |
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If no, find Mr Smith not guilty. If yes, find Mr Smith guilty. |