Threatening to kill/do grievous bodily harm (Section 306 Crimes Act 1961)

[This question trail assumes the following scenario: On 1 August 2018, Mr Smith is alleged to have pointed his finger at Ms Jones and said: “Bang you’re dead”.]

Charge 1: Threatening to kill [or inflict grievous bodily harm] under section 306 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 on 1 August 2018, Mr Smith pointed his finger at Ms Jones and said: “Bang you’re dead”?
	If no, find Mr Smith not guilty. If yes, go to question two.
2.	Are you sure that, by pointing his finger at Ms Jones and saying “Bang you’re dead”, Mr Smith threatened to kill or inflict grievous bodily harm against Ms Jones?
	“Grievous bodily harm” is really serious harm interfering with health or human function. If no, find Mr Smith not guilty. If yes, go to question three.
3.	Are you sure that Mr Smith intended Ms Jones to take the threat seriously?
	If no, find Mr Smith not guilty. If yes, find Mr Smith guilty.