Demanding with intent (Section 239(2) Crimes Act 1961)
Charge 1: Demanding with intent under section 239(2) 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 demanded the keys to Mr Gray’s Holden Commodore? |
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For the purposes of a demand, it is sufficient if there is a clear request made firmly. If no, find Mr Smith not guilty. If yes, go to question two. |
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| 2. |
Are you sure that Mr Smith demanded the keys from Mr Gray by raising his fist above his head in a way that amounted to a threat to punch Mr Gray? |
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If no, find Mr Smith not guilty. If yes, go to question three. |
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| 3. |
Are you sure that when Mr Smith demanded the keys from Mr Gray, he intended to steal the Holden Commodore? |
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To “steal” means that Mr Smith intended to: (a) take Mr Gray’s Holden Commodore; and (b) take the Holden Commodore dishonestly (knowing that it belonged to Mr Gray and that Mr Gray did not consent to the taking); and (c) take the Holden Commodore without claim of right (a belief the act was lawful); and (d) take the Holden Commodore with the intent to permanently deprive Mr Gray of it. If no, find Mr Smith not guilty. If yes, find Mr Smith guilty. |