7.3.22.9 – Jury handout: Identifying occasions for persistent sexual abuse of a child under 16

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Explanation

This chapter contains three document templates for use in cases involving persistent sexual abuse of a child contrary to Crimes Act 1958 s49J (offences alleged on or after 1 July 2017) or s47A (offences alleged before 1 July 2017). Judges should select the relevant template based on the number of offences and occasions alleged. The document should be provided to the jury during final directions and explained as a means by which the jury can identify the offences and occasions proved, to help the judge to give effect to the jury’s verdict in accordance with the principles in Chiro v R [2017] HCA 37.

In each template, the words in the heading contained in [square brackets] should be removed before the document is given to the jury.

Judges will also need to provide details to identify the occasions and the offences involved, consistent with how the occasions and offences have been identified during the trial.

When giving a majority verdict direction, the judge must make clear that references in the document to unanimity must be replaced with references to a statutory majority of jurors. This can be done either by instructing the jury to amend the document, or by giving the jury a fresh copy of the document that explains what a majority verdict is in the case.

Persistent sexual abuse – Identifying occasions proved [Template One - Three occasions, more than three offences]

Note: You can only find the accused guilty of this offence if you unanimously agree that an offence has been proved under each occasion.

First occasion

[Describe the circumstances of the first occasion]

a) [Insert details of first offence on first occasion]

O Proved

O Not proved

b) [Insert details of second offence on first occasion]

O Proved

O Not proved

Second occasion

[Describe the circumstances of the second occasion]

a) [Insert details of first offence on second occasion]

O Proved

O Not proved

b) [Insert details of second offence on second occasion]

O Proved

O Not proved

Third occasion

[Describe the circumstances of the third occasion]

a) [Insert details of first offence on third occasion]

O Proved

O Not proved

b) [Insert details of second offence on third occasion]

O Proved

O Not proved

Persistent sexual abuse – Identifying occasions proved [Template Two - More than three occasions, one offence per occasion]

Note: You can only find the accused guilty of this offence if you unanimously agree that an offence has been proved on at least three occasions.

First occasion

[Describe the offence alleged on the first occasion]

O Proved

O Not proved

Second occasion

[Describe the offence alleged on the second occasion]

O Proved

O Not proved

Third occasion

[Describe the offence alleged on the third occasion]

O Proved

O Not proved

Fourth occasion

[Describe the offence alleged on the fourth occasion]

O Proved

O Not proved

Fifth occasion

[Describe the offence alleged on the fifth occasion]

O Proved

O Not proved

Persistent sexual abuse – Identifying occasions proved [Template Three - More than three occasions, more than one offence per occasion]

Note: You can only find the accused guilty of this offence if you unanimously agree that at least one offence has been proved on at least three occasions.

First occasion

[Describe the circumstances of the first occasion]

a) [Insert details of first offence on first occasion]

O Proved

O Not proved

b) [Insert details of second offence on first occasion]

O Proved

O Not proved

Second occasion

[Describe the circumstances of the second occasion]

a) [Insert details of first offence on second occasion]

O Proved

O Not proved

b) [Insert details of second offence on second occasion]

O Proved

O Not proved

Third occasion

[Describe the circumstances of the third occasion]

a) [Insert details of first offence on third occasion]

O Proved

O Not proved

b) [Insert details of second offence on third occasion]

O Proved

O Not proved

Fourth occasion

[Describe the circumstances of the fourth occasion]

a) [Insert details of first offence on fourth occasion]

O Proved

O Not proved

b) [Insert details of second offence on fourth occasion]

O Proved

O Not proved

Fifth occasion

[Describe the circumstances of the fifth occasion]

a) [Insert details of first offence on fifth occasion]

O Proved

O Not proved

b) [Insert details of second offence on fifth occasion]

O Proved

O Not proved

See Also

7.3.22 - Persistent sexual abuse of a child (From 1/7/17)

7.3.22.1 – Charge: Persistent Sexual Abuse of a Child (From 1/7/17)

7.3.22.2 - Checklist: Persistent Sexual Abuse of a Child (From 1/7/17)

7.3.22.3 – Charge: Persistent Sexual Abuse of Child Under 16 (22/10/14 - 30/6/17)

7.3.22.4 – Checklist: Persistent Sexual Abuse of a Child under 16 (22/10/14 – 30/6/17)

7.3.22.5 - Charge: Persistent Sexual Abuse of Child Under 16 (1/12/06 - 21/10/14)

7.3.22.6 - Checklist: Persistent Sexual Abuse of a Child under 16 (1/12/06 - 21/10/14)

7.3.22.7 - Charge: Maintaining a sexual relationship with a child under 16 (5/8/91 – 30/11/06)

7.3.22.8 – Checklist: Maintaining a sexual relationship with a child under 16 (5/8/91 – 30/11/06)