Haw. Pattern Jury Instr. (Criminal) 5.06A

DEGREE IN THE SAME COUNT (SUBSTANTIAL BODILY

INJURY AND DANGEROUS INSTRUMENT):

H.R.S. § 707-711(1)(a), (b), (d)

[In Count (count number) of the Indictment/Complaint/

Information, the] [The] Defendant, (defendant’s name), is

charged with the offense of Assault in the Second Degree.

This offense can be committed in either of two ways:

Assault in the Second Degree (Substantial Bodily Injury) or

Assault in the Second Degree (Dangerous Instrument).

As to the first alternative, a person commits the offense

of Assault in the Second Degree (Substantial Bodily Injury) if

he/she intentionally, knowingly, or recklessly causes

substantial bodily injury to another person.

There are two material elements of the offense of Assault

in the Second Degree (Substantial Bodily Injury), each of which

the prosecution must prove beyond a reasonable doubt.

These two elements are:

1. That, on or about (date) in the [City and] County of

(name of county), the Defendant caused substantial bodily injury

to another person; and

2. That the Defendant did so intentionally, knowingly, or

recklessly.

As to the second alternative, a person commits the offense

of Assault in the Second Degree (Dangerous Instrument) if he/she

intentionally or knowingly causes bodily injury to another

person with a dangerous instrument.

There are three material elements of the offense of Assault

in the Second Degree (Dangerous Instrument), each of which the

prosecution must prove beyond a reasonable doubt.

These three elements are:

1. That, on or about (date) in the [City and] County of

(name of county), the Defendant caused bodily injury to another

person; and

2. That the Defendant did so with a dangerous instrument;

and

3. That the Defendant acted intentionally or knowingly as

to elements 1 and 2.

You are to consider each alternative of Assault in the

Second Degree separately. The fact you may find that one of the

alternatives has or has not been proved beyond a reasonable

doubt does not mean that you must reach the same decision with

respect to the other alternative. In order to find that the

offense of Assault in the Second Degree has been proved, you

must unanimously agree that the same alternative or both of the

alternatives have been proved beyond a reasonable doubt. Proof

beyond a reasonable doubt of one or both of the alternatives

will result in the conviction of only one offense of Assault in

the Second Degree.