Male assaults female where self-defence is not raised (Section 194 Crimes Act 1961)

Charge 1: Male assaults female under section 194 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 is a male and Ms Jones is a female?
	If no, find Mr Smith not guilty. If yes, go to question two. [OR This issue is not in dispute. Go to question two.]
2.	Are you sure that Mr Smith knew that Ms Jones is a female?
	[Note: Knowledge of the gender of the victim is assumed in the absence of evidence suggesting otherwise. Therefore, this issue will only need to be put to the jury where the defendant has pointed to some evidence to raise the issue. If there is such evidence, the Crown is required to prove knowledge beyond reasonable doubt.] If no, find Mr Smith not guilty. If yes, go to question three.
3.	Are you sure that Mr Smith intentionally slapped Ms Jones on or about 26 June 2019?
	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, find Mr Smith guilty.
4.	Are you sure that Ms Jones did not consent to the slap?
	If no, find Mr Smith not guilty. If yes, go to question five.
5.	Are you sure that Mr Smith did not believe that Mr Jones consented to being slapped?
	If no, find Mr Smith not guilty. If yes, find Mr Smith guilty.