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Note: Specimen jury instructions serve as a template that trial judges must adapt to the particular circumstances of each trial, not simply read out in whole. They are not designed to be delivered "as-is." More information about the use of specimen instructions is found in the Preface and A Note to Users, which you can find here.
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5.3 Elements of Offence

Note[25] 

(Last revised March 2011)

[1]              To help you follow the evidence in this case, I will describe the essential elements of the offence charged. After all of the evidence has been presented, I will give you complete instructions on the law that applies to these essential elements and to any other issues that you must consider.[26]

[2]              The offence charged is (name or list offence charged---for example, “sexual assault”, “first degree murder”).[3] The charge(s) in the indictment read as follows:

(Read or summarize applicable part of indictment.)

[3]              Set out, in point form, the essential elements of each offence charged as found in paragraph [2] of the relevant offence instruction.

[4]              The Crown is required to prove each of these essential elements beyond a reasonable doubt.

[25] This instruction is optional. It should be used with care, especially where there are several definitions of an offence and a dispute between the parties whether there is an evidentiary foundation for the submission of some of them to the jury.

[26] Except in the rarest of cases, Preliminary Instructions should not include any reference to substantive defences as the evidence may unfold differently than anticipated.

[3] Where there are several offences charged, each count, or group of counts charging the same offence, should be referred to separately.