Forgery (Section 256(5) Crimes Act 1961)

Charge 1: Selling a false document, without reasonable excuse, knowing that the document was false and to have been made with the intention that it be used or acted on as genuine under section 256(5) 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 the passport made in Wellington on 8 July 2019 was false?
	If no, find Mr Smith not guilty. If yes, go to question two.
2.	Are you sure that the passport was made with the intention that it should pass as genuine?
	If no, find Mr Smith not guilty. If yes, go to question three.
3.	Are you sure that Mr Smith knew that the passport made in Wellington on 8 July 2019 was false?
	If no, find Mr Smith not guilty. If yes, go to question four.
4.	Are you sure that Mr Smith knew that the passport was made with the intention that it should pass as genuine?
	If no, find Mr Smith not guilty. If yes, go to question five.
5.	Are you sure that Mr Smith sold [or transferred] [or otherwise made available] the passport?
	If no, find Mr Smith not guilty. If yes, go to question six.
6.	Are you sure that Mr Smith sold [or transferred] [or otherwise made available] the passport without reasonable excuse?
	“Reasonable excuse” means an excuse which you as a jury think is reasonable in the circumstances. If no, find Mr Smith not guilty. If yes, find Mr Smith guilty.