Forgery (Section 256(1) Crimes Act 1961)
Charge 1: Forgery under section 256(1) 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 made the invoice dated 12 October 2018? |
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If no, find Mr Smith not guilty. If yes, go to question two. |
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| 2. |
Are you sure that the invoice dated 12 October 2018 was false? |
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If no, find Mr Smith not guilty. If yes, go to question three. |
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| 3. |
Are you sure that Mr Smith knew that the invoice dated 12 October 2018 was false? |
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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 use the invoice to obtain money [any property, privilege, service, pecuniary advantage, benefit, or valuable consideration] from Ms Jones? |
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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, find Mr Smith guilty. |