Forgery (Section 256(2) Crimes Act 1961)
Charge 1: Forgery under section 256(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 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 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 the invoice to be used [or acted upon] as if it were genuine? |
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If no, find Mr Smith not guilty. If yes, find Mr Smith guilty. |