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    1. HERE COMES THE JUDGE...ALL STAND
    2. > JURY INSTRUCTIONS IN THE MATTER OF THE CROWN -V-RANDALL > > 1.   Determine the case on its merits.            > > 2.   Be mindful of the charge "Guilty of intent to do Grievous Bodily > Harm."  Intent is defined as a state of mind wherein the person knows and desires > the consequences of his actions which must exist at the time the offense was > committed  However, in this case only  GENERAL INTENT is required for a > finding of guilty.  Which means the prosecutor does not have to prove the defendant > intended to injure his wife with exact injury to her head.  He only need > prove defendant threw the object at her or used his hand to hit her.  To prove > general intent it need only be proven the defendant took physical action > towards his wife.  The prosecutor does not have to prove the exact injury was what > the defendant had in mind. > > 3.   There are no qualified expert witness at this trial.  The non-expert > cannot give an opinion regarding how Mrs. Randall was injured.  However, Mrs. > Randall can give a statement as to how she was injured.  > > 4.   Any witness who testified as to what they were told is not allowed > unless they were present at the time of the event. > > 5.   You must be of the opinion that the grievous bodily injury was > UNLAWFULLY committed. > > 6.   You WILL NOT consider that the parties involved were drinking or under > the influence.  The alleged action and the possible resulting injury need > only be considered.  > > 7.   Do not consider any testimony regarding John Randall. > > 8.   Do not consider any testimony of the police officer.  > > 9.   Do not consider any testimony regarding defendants reputation or past > crimes.  They are not relevant to this action.        > > 10. You must decide which witness carries the most weight. > > 11. The prosecution is required to prove their case beyond a shadow of a > doubt. > > 12. In the alternative if you determine defendant injured Mrs. Randall but > did not intend to.  You may find him guilty of gross negligence when > inflicting the injury.  > > The Judge               > >         

    06/27/2003 03:27:17