Neglect of a child through not providing necessary medical treatment (Section 195 Crimes Act 1961)

Charge 1: Neglect of a child under section 195 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 2018 and 5 July 2019, Mary Jones was under the age of 18?
	If no, find Mr Smith not guilty. If yes, go to question two.
2.	Are you sure that Mr Smith had the actual care of Mary Jones between 27 November 2018 and 5 July 2019?
	“Actual care” includes shared control of Mary Jones. If no, find Mr Smith not guilty. If yes, go to question three.
3.	Are you sure that between 27 November 2018 and 5 July 2019, Mr Smith had a legal duty to get medical treatment for Mary Jones?
	[Note: It will be necessary to put in the question the specific legal duty that is alleged.] If no, find Mr Smith not guilty. If yes, go to question four.
4.	Are you sure that between 27 November 2018 and 5 July 2019, Mary Jones needed medical treatment?
	If no, find Mr Smith not guilty. If yes, go to question five.
5.	Are you sure that between 27 November 2018 and 5 July 2019, Mr Smith intentionally did not get medical treatment for Mary Jones?
	If no, find Mr Smith not guilty. If yes, go to question six.
6.	Are you sure that between 27 November 2018 and 5 July 2019, Mr Smith’s failure to get the medical treatment was likely to cause negative effects to Mary Jones’ health?
	If no, find Mr Smith not guilty. If yes, go to question seven.
7.	Are you sure that between 27 November 2018 and 5 July 2019, Mr Smith’s failure to get medical treatment for Mary Jones was a major departure from the standard of care expected of a reasonable person?
	If no, find Mr Smith not guilty. If yes, find Mr Smith guilty.