Wounding with intent to cause grievous bodily harm where defence of a dwellinghouse is raised (Sections 188 and 55 Crimes Act 1961)

Charge 1: Wounding with intent to cause grievous bodily harm and defence of a dwellinghouse under sections 55 and 188 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 Mr Smith shot Mr Brown in the knee with a shotgun on 30 June 2019 at 65 Rongotai Road?
	If no, find Mr Smith not guilty. If yes, go to question two.
2.	Are you sure that when Mr Smith shot Mr Brown, he intended to cause him grievous bodily harm?
	“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 when Mr Smith shot Mr Brown, Mr Smith was not in possession of the dwelling at 65 Rongotai Road?
	If no, go to question four. If yes, find Mr Smith guilty.
4.	Are you sure that when Mr Smith shot Mr Brown, Mr Smith was not in peaceable possession of the dwelling at 65 Rongotai Road?
	“Peaceable possession” is a possession which, up until now, has not been seriously challenged by others. If no, go to question five. If yes, find Mr Smith guilty.
5.	Are you sure that when Mr Smith shot Mr Brown, Mr Smith did not believe that Mr Brown was forcibly breaking and entering the dwelling at 65 Rongotai Road?
	If no, go to question six. If yes, find Mr Smith guilty.
6.	Are you sure that Mr Smith had no reasonable and probable grounds for the belief that Mr Brown had no lawful justification for breaking and entering the dwelling at 65 Rongotai Road?
	If no, go to question seven. If yes, find Mr Smith guilty. If you reach this point, you must decide what Mr Smith believed the circumstances to be when he shot Mr Brown in the knee, before answering question seven.
7.	Given what Mr Smith believed was happening at the time, are you sure that the force used by Mr Smith against Mr Brown was not reasonable in the circumstances?
	If no, find Mr Smith not guilty. If yes, find Mr Smith guilty.