Demanding with intent (Section 239(1) Crimes Act 1961)

Charge 1: Demanding with intent under section 239(1) 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 threatened to “bash” Mr Gray if he did not make out a cheque for $10,000?
	If no, find Mr Smith not guilty. If yes, go to question two.
2.	Are you sure that Mr Smith’s threat caused Mr Gray to make out a cheque to Mr Smith for $10,000?
	If no, find Mr Smith not guilty. If yes, go to question three.
3.	Are you sure that, in causing Mr Gray to make out a cheque to Mr Smith due to the threat of violence, Mr Smith intended to obtain a benefit?
	If no, find Mr Smith not guilty. If yes, go to question four.
4.	Are you sure that, when Mr Smith threatened Mr Gray with violence, Mr Smith had no claim of right to the cheque?
	“Claim of right” means Mr Smith had a genuine belief that, at the time of the threat, he was lawfully entitled to the cheque. If no, find Mr Smith not guilty. If yes, find Mr Smith guilty.