Commission of a crime with a firearm (Section 198B(1)(a) Crimes Act 1961)
Charge 1: Commission of a crime with a firearm under s 198B(1)(a) 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 committed the crime of kidnapping by forcing Ms Jones to go with him to the bush camp against her will? |
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[Note: The charge will normally be heard with the substantive crime charged, which should be determined first. If this has not happened, a full question trail to establish whether the substantive charge is proven is necessary. If the substantive charge results in a verdict of not guilty, remove this charge.] [Note: Question one will need to be amended depending on the crime which is alleged to have been committed.] If no, find Mr Smith not guilty. If yes, go to question two. |
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| 2. |
Are you sure that while Mr Smith was kidnapping Ms Jones, he used a .22 rifle? |
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“Use” means employing something to achieve a particular end, or procuring the employment of something to achieve a particular end. If no, find Mr Smith not guilty. If yes, go to question three. |
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| 3. |
Are you sure that while Mr Smith was kidnapping Ms Jones, he intentionally used the .22 rifle for a purpose associated with the kidnapping? |
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If no, find Mr Smith not guilty. If yes, find Mr Smith guilty. |