Previous Topic

Next Topic

Book Contents

Book Index

3.11.2 - Additional Charge: Materially Different Issues or Consequences

Click here to obtain a Word version of this document for adaptation.

[This charge may be added if evidence has been presented which shows possible alternative bases of responsibility for a particular offence, and the bases involve materially different issues or consequences. For example, culpable driving causing death due to gross negligence or culpable driving causing death due to intoxication: See Unanimous and Majority Verdicts.]

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].

The prosecution has argued that there are two different bases upon which you can find NOA guilty of this offence.

Firstly, the prosecution has argued that NOA is guilty of [insert offence] because [he/she] [insert summary of one basis for guilty].

Alternatively, the prosecution has argued that NOA is guilty of [insert offence] because [he/she] [insert summary of alternative basis].

In order to find NOA guilty of [insert offence], you only need to find that one of these two alternatives has been proven beyond reasonable doubt.

However, all twelve of you must agree that the same alternative has been proven. For example, all of you must agree that NOA was guilty because [insert one basis]. Or all of you must agree that NOA was guilty because [insert alternative basis].

If some of you find NOA guilty due to [insert basis one], and others find [him/her] guilty due to [insert alternative basis], 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

3.11.3 - Additional Charge: No Materially Different Issues or Consequences

3.11.4 - Additional Charge: Multiple Discrete Acts