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3.8.2 – Charge: Multiple Charges

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Note: This charge is based on the assumption that the judge has already instructed the jury about the need for separate consideration at the beginning of the trial (see Charge: Multiple Charges). If this has not been done, it will need to be modified accordingly.

See Separate Consideration, for a discussion of the legal principles relevant to this area.

 

As you know, in this trial the prosecution has brought [insert number] charges against the accused. As I explained earlier, while these are separate matters, they are [all] being dealt with in the one trial for convenience.

I want to remind you that you must be careful not to allow convenience to override justice. Both the prosecution and the accused are entitled to have each charge considered separately.

It would therefore be wrong to say that simply because you find the accused guilty or not guilty of one charge, that s/he must be guilty or not guilty, as the case may be, of another.

[If logic dictates that a finding in relation to one charge is material to another charge, this should be clearly explained to the jury here. For example, the jury should be told if an acquittal on one charge would require an acquittal on another.]

Each charge must be considered separately, in light only of the evidence which applies to it. You must ask yourselves, in relation to each charge, whether the evidence relating to that charge has satisfied you, beyond reasonable doubt, that the accused is guilty of that particular crime. If the answer is yes, then you should find the accused guilty of that charge. If the answer is no, then you should find the accused not guilty of it.

You will note that I said you must consider each charge "in light only of the evidence which applies to it". This is because some of the evidence you have heard in this case is only relevant to one charge or another. If a particular piece of evidence is only relevant to one charge, you may only use it when deciding whether or not the accused is guilty of that charge. You must not consider it in relation to [any of] the other charge[s].

In this case [instruct jury about which evidence is or is not admissible in relation to each charge].

 

Last updated: 17 May 2019

See Also

3.8 - Review of Separate Consideration

3.8.1 - Charge: Multiple Accused