Failing to protect a vulnerable person (Section 195A Crimes Act 1961)
Charge 1: Failing to protect a vulnerable person under section 195A(1)(a)(i) and (2)(b) 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 between 27 November 2017 and 1 July 2019, Mr Smith was a nurse at Wellington Central Care facility? |
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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 between 27 November 2017 and 1 July 2019, Mr Jones was a resident at Wellington Central Care facility? |
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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 between 27 November 2017 and 1 July 2019, Mr Jones was a vulnerable adult, being 37 years of age but severely mentally disabled and in need of full-time care? |
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[Note: It will be necessary to put in the question the specific vulnerabilities that are alleged relating to the definition of “vulnerable adult” in s 2 of the Crimes Act.] If no, find Mr Smith not guilty. If yes, go to question four. |
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| 4. |
Are you sure that between 27 November 2017 and 1 July 2019, Mr Smith had frequent contact with Mr Jones? |
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If no, find Mr Smith not guilty. If yes, go to question five. |
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| 5. |
Are you sure that Mr Smith was aware that between 27 November 2017 and 1 July 2019, Mr Green was a regular visitor to the facility? |
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If no, find Mr Smith not guilty. If yes, go to question six. |
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| 6. |
Are you sure that Mr Smith was aware that, between 27 November 2017 and 1 July 2019, Mr Green would often touch residents (including Mr Jones) on the genitals? |
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If no, find Mr Smith not guilty. If yes, go to question seven. |
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| 7. |
Are you sure that between 27 November 2017 and 1 July 2019, Mr Smith failed to take reasonable steps to protect Mr Jones from sexual assaults by Mr Green? |
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If no, find Mr Smith not guilty. If yes, find Mr Smith guilty. |