Breach of protection order (Section 112 Family Violence Act 2018)

Charge 1: Breach of protection order under section 112 of the Family Violence Act 2018

On questions 1–3 the Crown must prove the element of the offence. That is called the burden of proof. The Crown carries that burden. Also, the Crown must prove the elements in questions 1–3 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 there was a protection order dated 2 March 2019 that applied to Mr Smith and that it contained the provision that he leave Ms Jones’ house at her request?
	If no, find Mr Smith not guilty. If yes, go to question two.
2.	Are you sure that Mr Smith was aware of the protection order which contained the provision that he leave Ms Jones’ house at her request?
	If no, find Mr Smith not guilty. If yes, go to question three.
3.	Are you sure that Mr Smith breached the protection order by remaining at Ms Jones’ house after she had told him to leave?
	If no, find Mr Smith not guilty. If yes, go to question four.
On question 4, the burden of proof lies on Mr Smith, who must satisfy you on the balance of probabilities, which means “more likely than not”.
4.	Has Mr Smith satisfied you that it is more likely than not that he had a desire to wait until the rain stopped and that this was a reasonable excuse for remaining at Ms Jones’ house after she had told him to leave?
	“Reasonable excuse” means an excuse which you as a jury think is reasonable in the circumstances. If yes, find Mr Smith not guilty. If no, find Mr Smith guilty.