Selling an altered document (Section 258(3) Crimes Act 1961)

[Note: This offence can be committed by proving either an intent to obtain a pecuniary advantage [or property] [or privilege] [or service] [or benefit] [or valuable consideration]; or an intent to cause loss. Presently the question trail contains both alternatives in questions two and three. The alternative that does not apply to the charge as framed should be deleted. The same applies to the alternatives set out in questions five and six.]

Charge 1: Selling an altered document, without reasonable excuse, knowing that the document was altered with the intent to obtain a pecuniary advantage or cause loss under section 258(3) 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 passport was altered [or concealed] [or made, in whole or in part, as a reproduction of another passport]?
	[Note: Amend or delete the words in square brackets above as required.] If no, find Mr Smith not guilty. If yes, go to question two.
2.	Are you sure that the passport was altered [or concealed] [or made, in whole or in part, as a reproduction of another passport] with the intent to obtain a pecuniary advantage [or property] [or privilege] [or service] [or benefit] [or valuable consideration]?
	[Note: Amend or delete the words in square brackets above as required.] “Pecuniary advantage” means anything that improves someone’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, go to question four.
OR
3.	Are you sure that the passport was altered [or concealed] [or made, in whole or in part, as a reproduction of another passport] with the intent to cause loss to any person?
	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 altered [or concealed] [or made, in whole or in part, as a reproduction of another passport]?
	If no, find Mr Smith not guilty. If yes, go to question five.
5.	Are you sure that Mr Smith knew that the passport was altered [or concealed] [or made, in whole or in part, as a reproduction of another passport] with the intent to obtain a pecuniary advantage [or property] [or privilege] [or service] [or benefit] [or valuable consideration]?
	If no, find Mr Smith not guilty. If yes, go to question seven.
OR
6.	Are you sure that Mr Smith knew that the passport was altered [or concealed] [or made, in whole or in part, as a reproduction of another passport] with the intent to cause loss to any other person?
	If no, find Mr Smith not guilty. If yes, go to question seven.
7.	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 eight.
8.	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.