Obtaining by deception (Section 240(1)(c) Crimes Act 1961)

Charge 1: Obtaining by deception (false representation) under section 240(1)(c) 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 you must be sure that each element is proved.

1.	Are you sure that Ms Jones delivered over [or executed] [or made] [or accepted] [or endorsed] [or destroyed] [or altered] a bank withdrawal form valued at $70,000 to Mr Smith?
	If no, find Mr Smith not guilty. If yes, go to question two.
2.	Are you sure that Mr Smith made a materially false representation to Ms Jones when she delivered over the bank withdrawal form?
	“Material” means relevant to Ms Jones’ decision to deliver over the bank withdrawal form. If no, find Mr Smith not guilty. If yes, go to question three.
3.	Are you sure that Mr Smith knew the representation was false or was reckless as to whether it was false?
	“Reckless” means that Mr Smith recognised there was a real possibility that the representation was false and that, having regard to that possibility, Mr Smith’s actions in making the representation were unreasonable. “Unreasonable” actions are actions that a reasonable and prudent person would not have taken. If no, find Mr Smith not guilty. If yes, go to question four.
4.	Are you sure that, when Mr Smith made the false representation to Ms Jones, he intended to deceive Ms Jones?
	If no, find Mr Smith not guilty. If yes, go to question five.
5.	Are you sure that the false representation caused Ms Jones to deliver over the withdrawal form to Mr Smith?
	If no, find Mr Smith not guilty. If yes, go to question six.
6.	Are you sure Mr Smith obtained the withdrawal form from Ms Jones without claim of right?
	“Claim of right” means Mr Smith had a genuine belief that, at the time of obtaining the bank withdrawal form, he had a lawful right to the bank withdrawal form. If no, find Mr Smith not guilty. If yes, find Mr Smith guilty.