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Disabling (Section 197 Crimes Act 1961)

Charge 1: Disabling under section 197 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 gave Ms Jones a Ketamine capsule?
 

If no, find Mr Smith not guilty.

If yes, go to question two.
2.

Are you sure that Ms Jones became unconscious as a consequence of consuming the Ketamine capsule given to her by Mr Smith?
 

If no, find Mr Smith not guilty.

If yes, go to question three.
3.

Are you sure that when Mr Smith gave Ms Jones the Ketamine capsule, he intended Ms Jones to become unconscious?
 

If no, find Mr Smith not guilty.

If you answer yes and Mr Smith is relying on the defence of consent, go to question four. If you answer yes and Mr Smith is not relying on that defence, go to question six.
4.

Are you sure that Ms Jones did not consent to ingest the Ketamine capsule?
 

If no, find Mr Smith not guilty.

If yes, go to question five.
5.

Are you sure that Mr Smith did not believe that Ms Jones consented to ingest the Ketamine capsule?
 

If no, find Mr Smith not guilty.

If yes, go to question six.
6.

Are you sure that Mr Smith did not have a lawful justification or excuse for giving Ms Jones a Ketamine capsule?
 

If no, find Mr Smith not guilty.

If yes, find Mr Smith guilty.