Altering, concealing or destroying a document (Section 258(1)(a) Crimes Act 1961)
[Note: If the Crown alleges that the defendant intended to obtain a pecuniary advantage [or property] [or service] [or valuable consideration] when he or she altered the document, the Crown is also required to prove an intention to deceive. If the Crown alleges that the defendant intended to cause loss when he or she altered the document, no intention to deceive is required to be proved.]
Charge 1: Altering, concealing or destroying a document under section 258(1)(a) of the Crimes Act 1961
The Crown must prove each element of the offence. That is called the burden of proof. The Crown carries that burden. Also, the Crown must prove each element beyond reasonable doubt. That is called the standard of proof. It means that you must be sure that each element is proved.
| 1. |
Are you sure that Mr Smith altered [or concealed] [or destroyed] the invoice [or caused the document to be altered]? |
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[Note: Amend or delete the words in square brackets above as required.] If no, find Mr Smith not guilty. If yes, go to question two. |
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| 2. |
Are you sure that Mr Smith dishonestly altered the invoice? |
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“Dishonestly” means altering the invoice without a genuine belief that Ms Jones, or anyone else entitled to give him consent or approval, consented or gave him authority to do so. This belief does not need to be reasonable. If no, find Mr Smith not guilty. If yes, go to question three. |
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| 3. |
Are you sure that Mr Smith intended to obtain a pecuniary advantage [or property] [or service] [or valuable consideration] when he altered the invoice? |
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[Note: Amend or delete the words in square brackets above as required.] “Pecuniary advantage” means anything that improves Mr Smith’s financial position. “Property” includes land and personal property, and any right or interest in any land or personal property, money, electricity, and any debt, and any right to a claim in court, and any other right or interest. “Service” means an activity that has financial or economic value. “Valuable consideration” means anything involving an exchange of value, whether of a monetary kind or of any other kind. In other words, money or money’s worth. If no, find Mr Smith not guilty. If yes, go to question four. |
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| 4. |
Are you sure that Mr Smith intended to deceive Ms Jones when he altered the invoice? |
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If no, find Mr Smith not guilty. If yes, find Mr Smith guilty. |
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| OR | |
| 3. |
Are you sure that Mr Smith intended to cause loss to Ms Jones when he altered the invoice? |
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If no, find Mr Smith not guilty. If yes, find Mr Smith guilty. |