Using a forged document (Section 257 Crimes Act 1961)
[Note: the three different pathways to a conviction in this question trail reflect s 257(a), (b) and (c) respectively]
Charge 1: Using a forged document under section 257 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 the invoice dated 12 October 2018 was false? |
|
If no, find Mr Smith not guilty. If yes, go to question two. |
|
| 2. |
Are you sure that Mr Smith knew that the invoice dated 12 October 2018 was false? |
|
If no, find Mr Smith not guilty. If yes, go to question three. |
|
| 3. |
Are you sure that Mr Smith used the false invoice dated 12 October 2018 to obtain the cheque [any property, privilege, service, pecuniary advantage, benefit, or valuable consideration] from Ms Jones? |
|
[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. |
|
| OR | |
| 1. |
Are you sure that the invoice dated 12 October 2018 was false? |
|
If no, find Mr Smith not guilty. If yes, go to question two. |
|
| 2. |
Are you sure that Mr Smith knew the invoice dated 12 October 2018 was false? |
|
If no, find Mr Smith not guilty. If yes, go to question three. |
|
| 3. |
Are you sure that Mr Smith used [or dealt with] [or acted upon] the false invoice dated 12 October 2018 as if it were genuine? |
|
If no, find Mr Smith not guilty. If yes, find Mr Smith guilty. |
|
| OR | |
| 1. |
Are you sure that the invoice dated 12 October 2018 was false? |
|
If no, find Mr Smith not guilty. If yes, go to question two. |
|
| 2. |
Are you sure that Mr Smith knew the invoice dated 12 October 2018 was false? |
|
If no, find Mr Smith not guilty. If yes, go to question three. |
|
| 3. |
Are you sure that Mr Smith caused Ms Jones to use [or deal with] [or act upon] the false invoice dated 12 October 2018 as if were genuine? |
|
If no, find Mr Smith not guilty. If yes, find Mr Smith guilty. |