Deceptive use of an altered document (Section 259 Crimes Act 1961)

Charge 1: Using an altered document with intent to deceive under section 259 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 on 8 July 2019 the driver’s licence was altered?
	If no, find Mr Smith not guilty. If yes, go to question two.
2.	Are you sure that the driver’s licence was dishonestly altered?
	“Dishonestly” means altering the driver’s licence without a genuine belief that Mr White, or anyone else entitled to give him consent or authority, 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.
3.	Are you sure that the driver’s licence was altered with the intention of obtaining a pecuniary advantage [or property] [or service] [or valuable consideration]?
	[Note: Amend or delete the words in square brackets above as required.] “Pecuniary advantage” means anything that improves someone’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.
4.	Are you sure that the driver’s licence was altered with intent to deceive?
	If no, find Mr Smith not guilty. If yes, go to question five.
5.	Are you sure that Mr Smith knew that the driver’s licence had been altered dishonestly and with an intention to deceive in order to obtain a pecuniary advantage?
	If no, find Mr Smith not guilty. If yes, go to question six.
6.	Are you sure that Mr Smith used [or dealt with] [or acted upon] [or caused any person to use or deal with or act upon] the driver’s licence?
	[Note: Amend or delete the words in square brackets above as required.] If no, find Mr Smith not guilty. If yes, go to question seven.
7.	Are you sure that Mr Smith used the driver’s licence with the intention of obtaining a pecuniary advantage [or property] [or service] [or valuable consideration]?
	[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 eight.
8.	Are you sure that Mr Smith intended to deceive Ms Jones when he used the driver’s licence?
	If no, find Mr Smith not guilty. If yes, find Mr Smith guilty.