Threatening a witness (Section 117(a) Crimes Act 1961)
[This question trail assumes the following scenario: Mr Smith was due to go on trial for burglary on Tuesday 10 April 2019 for burgling Ms Jones’ home. She witnessed his offending and is due to give evidence at trial. It is alleged that Mr Smith told Ms Jones on 1 April 2019 “the boys aren’t going to like it if you’re seen at court on Tuesday, and you’ll be getting visitors”.]
Charge 1: Threatening a witness under section 117(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 Ms Jones was due to be a witness at Mr Smith’s trial on 10 April 2019? |
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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 Mr Smith told Ms Jones on 1 April 2019 “the boys aren’t going to like it if you’re seen at court on Tuesday, and you’ll be getting visitors”? |
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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 “the boys aren’t going to like it if you’re seen at court on Tuesday, and you’ll be getting visitors” amounted to a threat by Mr Smith? |
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If no, find Mr Smith not guilty. If yes, go to question four. |
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| 4. | Are you sure that Mr Smith’s threat that “the boys aren’t going to like it if you’re seen at court on Tuesday, and you’ll be getting visitors” dissuaded Ms Jones from giving evidence? |
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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, when Mr Smith told Ms Jones “the boys aren’t going to like it if you’re seen at court on Tuesday, and you’ll be getting visitors”, he intended to dissuade her from giving evidence? |
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If no, find Mr Smith not guilty. If yes, find Mr Smith guilty. |