Wounding, etc. with reckless disregard for the safety of others (Section 188(2) Crimes Act 1961)

Charge 1: Grievous bodily harm with reckless disregard for the safety of others under section 188(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 pushed Mr Jones’ causing him to fall down the stairs?
	If no, find Mr Smith not guilty. If yes, go to question two.
2.	Are you sure that Mr Smith's actions caused grievous bodily harm to Mr 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 before Mr Smith pushed Mr Jones down the stairs, Mr Smith recognised that doing so would create a risk to Mr Jones’ safety?
	If no, find Mr Smith not guilty. If yes, go to question four.
4.	Are you sure that in the circumstances it was unreasonable for Mr Smith to take that risk?
	An unreasonable risk is one that a reasonable and prudent person would not have taken. If no, find Mr Smith not guilty. If yes, go to question five.
5.	Are you sure that in the circumstances it was unreasonable for Mr Smith to take that risk?
	An unreasonable risk is one that a reasonable and prudent person would not have taken. If no, find Mr Smith not guilty. If yes, find Mr Smith guilty.