Discharging firearm with intent to cause grievous bodily harm (Section 198 Crimes Act 1961)
Charge 1: Discharging firearm with intent to cause grievous bodily harm under section 198 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 a shotgun was fired at Ms Jones? |
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If no, find Mr Smith not guilty. If yes, go to question two. |
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| 2. |
Are you sure that it was Mr Smith who fired the shotgun at Ms Jones? |
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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 fired the shotgun at Ms Jones, he intended to cause Ms Jones grievous bodily harm? |
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“Grievous bodily harm” is really serious harm interfering with health or human function. If no, find Mr Smith not guilty. If yes, find Mr Smith guilty. |