Criminal Code Act 1899 - Queensland Legislation

Schedule 1 The Criminal CodePart 8 ProcedureChapter 63 Evidence—presumptions of fact[s 639]639 Averments about public officers and public serviceofficers or employeesOn the trial of a person charged with any offence of which thefact that some person was at some particular time a publicofficer or public service officer or employee is an element, theaverment in the indictment or complaint that any persontherein mentioned was a public officer or public serviceofficer or employee at any time therein stated is sufficientevidence of the fact, until the contrary is shown.641 Evidence on certain charges of stealing money(1) On the trial of a person charged with stealing, while employedin the public service, money which was the property of HerMajesty, or which came into the person’s possession by virtueof the person’s employment, or charged with stealing, while aclerk or servant, money which was the property of theperson’s employer or which came into the person’s possessionon account of the person’s employer or being a trustee withinthe meaning of the Trust Accounts Act 1973 charged withstealing money of which the person is a trustee on behalf ofany other person, an entry in any book of account kept by theaccused person, or kept in, under, or subject to, the person’scharge or supervision, purporting to be an entry of the receiptof any money, is evidence that the money so purporting tohave been received was so received by the person.(2) On the trial of a person charged with any such offence, it isnot necessary to prove the stealing by the accused person ofany specific sum of money, if, on examination of the books ofaccount or entries kept or made by the person, or kept or madein, under, or subject to, the person’s charge or supervision, orby any other evidence, there is proof of a general deficiency,and if the jury are satisfied that the accused person stole thedeficient money or any part of it.(3) And on the trial of a person charged with any offence as atrustee referred to in subsection (1), the ownership of or theright, title, use or benefit in, to or of the money the subjectPage 418 Current as at 1 December 2014