Haw. Pattern Jury Instr. (Criminal) 5.06B

SEPARATE COUNTS (SUBSTANTIAL BODILY INJURY AND

DANGEROUS INSTRUMENT):

H.R.S. § 707-711(1)(a), (b), (d)

[The] Defendant, (defendant’s name), is charged in two

separate counts with a single offense of Assault in the Second

Degree. This offense can be proven by the prosecution in either

of two ways. These alternatives have been designated in the

Indictment/Complaint/Information as Count (count number),

Assault in the Second Degree (Substantial Bodily Injury), and

Count (count number), Assault in the Second Degree (Dangerous

Instrument).

As to the first alternative charged in Count (count

number), 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 charged in Count (count

number), 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

counts 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 count. In order to find that the offense of Assault

in the Second Degree has been proved, you must unanimously agree

that the same count or both of the counts have been proved

beyond a reasonable doubt. Proof beyond a reasonable doubt of

one or both of the counts will result in the conviction of only

one offense of Assault in the Second Degree.