The Criminal Code Act 1899 - Ozcase Queensland Historical Legal ...

202 ss. 641-643 CRIMINAL CODE
$41. Evidence on celrt&n Charges of Stealing Money. On the trial of a
person charged with stealing, while employed in the Public Service,
money which was the property of Her Majesty, or which came into his
possession by virtue of his employment, or charged with stealing, while
a clerk or servant, money which was the property of his employer, or
which came into his possession on account of his employer, or being a
trustee within the meaning of The Trust Accounts Acts, 1923 to 1925,
or any Act in amendment thereof or in substitution therefor, charged
with stealing money of which he is a trustee on behalf of any other
person or with an offence under section four hundred and thirty-six of
this Code an entry in any book of account kept by the accused person,
or kept in, under, or subject to, his charge or supervision, purporting to
be an entry of the receipt of any money, is evidence that the money so
purporting to have been received was so received by him.
On the trial of a person charged with any such offence, it is not
necessary to prove the stealing or the conversion with intent to defraud
within the meaning of section four hundred and thirty-six of this Code
by the accused person of any specific sum of money, if, on examination
of the books of account or entries kept or made by him, or kept or made
in, under, or subject to, his charge or supervision, or by any other
evidence, there is proof of a general deficiency, and if the jury are
satisfied that the accused person stole or converted with intent to defraud
within the meaning of section four hundred and thirty-six of this Code
the deficient money or any part of it.
And on the trial of a person charged with any offence as a trustee
referred to in the first paragraph hereof, the ownership of or the right,
title, use or benefit in, to or of the money the subject matter of the
charge may be laid in the indictment in the name of any one or other
of the persons (hereinafter in this section referred to as the “bene-
ficiaries”} of whose money the person charged is the trustee as aforesaid
specifying any one of the beneficiaries by name with the addition of the
words “and others,” and it is immaterial whether or no the evidence
establishes that the said money was the property of any specific one of
the beneficiaries, or that the right, title, use or benefit in, to or of the said
money was in any specific one of the beneficiaries and the indictment will
be sustained so far as regards that allegation upon proof that the property
in, or the right, title, use or benefit in, to or of the money was in one or
other of the beneficiaries without ascertaining which of them.
As amended by Act of 1945, 9 Geo. 6 No. 11, s. 12.
s ~~~~~~ to Se& and Stamps. On the trial of
a person charged with any offence relating to any seal or stamp used for
the purposes of the public revenue, or of the Post Office, in any part of
Her Majesty’s dominions or in any foreign State, a despatch from one of
Her Majesty’s Principal Secretaries of State, transmitting to the Governor
any stamp, mark, or impression, and stating it to be a genuine stamp,
mark, or impression, of a die, plate, or other instrument, provided, made,
or used, by or under the direction of the proper authority of the country
in question for the purpose of expressing or denoting any stamp duty or
postal charge, is admissible as evidence of the facts stated in the despatch;
and the stamp, mark, or impression, so transmitted may be used by the
Court and jury and by witnesses for the purposes of comparison.
643. Intention to . On the trial of a person charged with any
offence of which an intent to injure or deceive or defraud, or an intent
to enable another person to deceive or defraud, is an element, it is not