Dishonestly using a document (Section 228(1)(b) Crimes Act 1961)

Charge 1: Dishonestly using [or attempting to use] a document under section 228(1)(b) 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 used [or attempted to use] Ms Jones’ credit card?
	“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 Mr Smith not guilty. If yes, go to question two.
2.	Are you sure that Mr Smith used [or attempted to use] the credit card dishonestly?
	“Dishonestly” means using [or attempting to use] the credit card 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.
3.	Are you sure that Mr Smith used [or attempted to use] the credit card without claim of right?
	“Claim of right” means Mr Smith had a genuine belief that at the time of using the credit card, he had a lawful right to use the credit card. If no, find Mr Smith not guilty. If yes, go to question four.
4.	Are you sure that Mr Smith intended to obtain a pecuniary advantage [or property] [or service] [or valuable consideration] when he used [or attempted to use] the credit card?
	[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, find Mr Smith guilty.