Dishonestly selling a document (Section 228(2) Crimes Act 1961)

Charge 1: Selling a document, without reasonable excuse, knowing that the document was taken dishonestly and without claim of right and with intent to obtain a pecuniary advantage under section 228(2) 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 took [or obtained] [or used] Mr White’s credit card?
	[Note: Amend or delete the words in square brackets above as required.] “Used” means to employ the credit card so as to achieve an end. It includes obtaining the use of the credit card. If no, find Ms Jones not guilty. If yes, go to question two.
2.	Are you sure that Mr Smith took [or obtained] [or used] the credit card dishonestly?
	“Dishonestly” means taking the credit card without a genuine belief that Mr White, 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 Ms Jones not guilty. If yes, go to question three.
3.	Are you sure that Mr Smith took [or obtained] [or used] the credit card without claim of right?
	“Claim of right” means Mr Smith had a genuine belief that, at the time of taking [or obtaining] [or using] the credit card, he had a lawful right to take [or obtain] [or use] the credit card. If no, find Ms Jones not guilty. If yes, go to question four.
4.	Are you sure that Mr Smith took [or obtained] [or used] the credit card with the intent 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 Ms Jones not guilty. If yes, go to question five.
5.	Are you sure that Ms Jones knew that Mr Smith dishonestly and without claim of right took [or obtained] [or used] the credit card with the intent of obtaining a pecuniary advantage [or property] [or service] [or valuable consideration]?
	[Note: Amend or delete the words in square brackets above as required.] “Dishonestly” means taking the credit card without a genuine belief that Mr White, 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. “Claim of right” means Mr Smith had a genuine belief that, at the time of taking [or obtaining] [or using] the credit card, he had a lawful right to take [or obtain] [or use] the credit card. “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 Ms Jones not guilty. If yes, go to question six.
6.	Are you sure that Ms Jones sold [or transferred] [or otherwise made available] the credit card?
	If no, find Ms Jones not guilty. If yes, go to question seven.
7.	Are you sure that Ms Jones sold [or transferred] [or otherwise made available] the credit card without reasonable excuse?
	“Reasonable excuse” means an excuse which you as a jury think is reasonable in the circumstances. If no, find Ms Jones not guilty. If yes, find Ms Jones guilty.