Participation The that the prosecution must prove is that the accused second element participated in the agreement in some way. That is, the accused must have done something to contribute to the agreement. It is not enough that s/he merely agreed that it should be carried out. For this element to be satisfied, you need to find that NOA performed some conduct, either legal or illegal, that in some way contributed to the agreement. It does not matter how important or unimportant those acts were to the completion of the agreement, as long as s/he did something to assist. In this case, the prosecution alleged that NOA participated in the agreement by [insert prosecution evidence about NOA’s participation]. The defence denied this, arguing [describe relevant evidence and/or arguments]. It is only if you are satisfied that NOA participated in some way that this element will be met. Commission of Charged Offence The third element that the prosecution must prove is that, in the course of carrying out the agreement, a party to the agreement committed [insert charged offence]. There are also two parts to this element. First, you must be satisfied that a party to the agreement committed [insert charged offence]. This means that you must find that all of the following matters have been proven beyond reasonable doubt: [Describe all of the elements of the charged offence, explain those elements, and relate them to the facts.] The second part of this element requires the prosecution to that a party to the agreement committed [insert charged offence] in the course of carrying out the agreement. In this case the prosecution alleged that [describe relevant prosecution evidence and/or arguments tying the offending to the agreement]. The defence denied this, arguing [describe relevant evidence and/or arguments]. It is only if you are satisfied that NO3P committed [insert charged offence], and that s/he committed this offence in the course of carrying out the agreement with NOA, that this third element will be met. Recklessness The fourth element the prosecution must prove is that, when NOA
Participation The second element that the prosecution must prove is that the accused participated in the agreement in some way. That is, the accused must have done something to contribute to the agreement. It is not enough that s/he merely agreed that it should be carried out. For this element to be satisfied, you need to find that NOA performed some conduct, either legal or illegal, that in some way contributed to the agreement. It does not matter how important or unimportant those acts were to the completion of the agreement, as long as s/he did something to assist. In this case, the prosecution alleged that NOA participated in the agreement by [insert prosecution evidence about NOA’s participation]. The defence denied this, arguing [describe relevant evidence and/or arguments]. It is only if you are satisfied that NOA participated in some way that this element will be met. Commission of Charged Offence The third element that the prosecution must prove is that, in the course of carrying out the agreement, a party to the agreement committed [insert charged offence]. There are also two parts to this element. First, you must be satisfied that a party to the agreement committed [insert charged offence]. This means that you must find that all of the following matters have been proven beyond reasonable doubt: [Describe all of the elements of the charged offence, explain those elements, and relate them to the facts.] The second part of this element requires the prosecution to that a party to the agreement committed [insert charged offence] in the course of carrying out the agreement. In this case the prosecution alleged that [describe relevant prosecution evidence and/or arguments tying the offending to the agreement]. The defence denied this, arguing [describe relevant evidence and/or arguments]. It is only if you are satisfied that NO3P committed [insert charged offence], and that s/he committed this offence in the course of carrying out the agreement with NOA, that this third element will be met. Recklessness The fourth element the prosecution must prove is that, when NOA
Charge%20-%20Commonwealth%20Joint%20Commission%20-%20Course%20of%20Agreement.docx