Inciting suicide (Section 179(1)(a) Crimes Act 1961)

[Note: In this fact scenario there is no dispute that Ms Brown did attempt suicide.]

Charge 1: Inciting suicide under s 179(1)(a) 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. This is called the standard of proof. It means you must be sure that each element is proved.

[Note: In this fact scenario there is no dispute that Ms Brown did attempt suicide.]

Charge 1: Inciting suicide under s 179(1)(a) 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. This is called the standard of proof. It means you must be sure that each element is proved.

1. Are you sure that on 1 May 2021, Mr Smith knew that Ms Brown was contemplating suicide?

"Suicide" means the intentional killing of oneself.

If no, find Mr Smith not guilty.

If yes, go to question two.

2. Are you sure that on 1 May 2021, Mr Smith said "why don't you just kill yourself?" to Ms Brown?

If no, find Mr Smith not guilty.

If yes, go to question three.

3. Are you sure that on 1 May 2021, Mr Smith by saying "why don't you just kill yourself?", incited Ms Brown to attempt to commit suicide

"Incite" means to urge on, instigate or encourage.

If no, find Mr Smith not guilty.

If yes, go to question four.

4. Are you sure that there was a causal connection between Mr Smith inciting Ms Brown to commit or attempt to commit suicide on 1 May 2021, and Ms Brown attempting to commit suicide?

If no, find Mr Smith not guilty.

If yes, find Mr Smith guilty.