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3.11.4 - Additional Charge: Multiple Discrete Acts

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[This charge may be added if evidence has been presented of multiple acts on the basis of which guilt can be found, but there must be unanimity as to at least one [or a specified number] of those acts having been committed.]

[This requirement has mostly arisen in relation to a charge of maintaining a sexual relationship with a child under 16, under which the jury must agree on (at least) the same three acts having been committed from amongst all of the acts presented by the prosecution. For this reason, this charge has been drafted in relation to the requirement for agreement on three acts. If necessary, this can be amended to instead require agreement on a different number of acts.]

Because of the nature of this case, I need to give you some more directions about how this requirement for unanimity works in relation to [insert relevant offence].

In attempting to prove NOA’s guilt in relation to this offence, the prosecution has presented evidence of a number of different acts which it alleges provide the basis for you to find [him/her] guilty.

The prosecution has alleged that [insert summary of the different acts relied upon by the prosecution].

You do not need to find that [he/she] committed all of these acts. In order for you to find NOA guilty, you must be satisfied beyond reasonable doubt that [he/she] committed at least three of these acts.

However, before you can find NOA guilty of [offence], all twelve of you must agree that the same three acts have been proven beyond reasonable doubt. If some of you find NOA guilty on the basis of three particular acts [for example …], and others find [him/her] guilty on the basis of a different three acts [such as …], then you have not reached a unanimous verdict.

 

Last updated: 1 February 2006

See Also

3.11 - Unanimous Verdicts and Extended Jury Unanimity

3.11.1 - Charge: Unanimous and Majority Verdicts

3.11.2 - Additional Charge: Materially Different Issues or Consequences

3.11.3 - Additional Charge: No Materially Different Issues or Consequences