Poisoning with intent to cause inconvenience or annoyance (Section 200(2) Crimes Act 1961)
Charge 1: Poisoning with intent to cause inconvenience [or annoyance] under section 200(2) 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 put a substance in Ms Jones’ drink bottle? |
|
If no, find Mr Smith not guilty. If yes, go to question two. |
|
| 2. |
Are you sure that the substance Mr Smith put in Ms Jones’ drink bottle was eucalyptus oil? |
|
If no, find Mr Smith not guilty. If yes, go to question three. |
|
| 3. |
Are you sure that Ms Jones took a mouthful of liquid from her drink bottle? |
|
If no, find Mr Smith not guilty. If yes, go to question four. |
|
| 4. |
Are you sure that, at the time he put the eucalyptus oil in Ms Jones’ drink bottle, Mr Smith intended that Ms Jones would be inconvenienced [or annoyed]? |
|
The Crown is not required to prove that any inconvenience [or annoyance] would be, or is, actually caused or harm has resulted from eucalyptus oil being put in the drink bottle. The crime is complete once the eucalyptus oil has been put in the drink bottle with an intent to cause inconvenience [or annoyance]. If no, find Mr Smith not guilty. If yes, find Mr Smith guilty. |