[snakeyjake]

The observer has very little to do with establishing intent.

I even looked up Australia's definition to make sure it was the same as everyone else's: https://www.ag.gov.au/crime/publications/commonwealth-crimin...

(it's the same)

The only reason I used "very little" is because it is possible for an observer to witness the subject yelling "I intend to kill you!!!!" at the top of their lungs and in that case the observer could be useful at establishing intent.