INFERENCE: FRAUDULENT USE OF A CREDIT CARD – USES, ATTEMPTS OR CONSPIRES TO USE

INFERENCE: FRAUDULENT USE OF A CREDIT CARD – USES, ATTEMPTS OR CONSPIRES TO USE: HRS § 708-8100(4) If you find beyond a reasonable doubt that notice of revocation was mailed to Defendant at the address set forth on the credit card or at the last known address by registered or certified mail, return receipt requested, and, if the address was more than 500 miles from the place of mailing by air mail, you may, but are not required to, infer that the Defendant had knowledge of the revocation of the credit card [four] [ten*] days after mailing. If you do so infer, you must nevertheless consider all the evidence in the case in determining whether the State has proven beyond a reasonable doubt that the Defendant had knowledge of the revocation of the credit card [four] [ten*] days after mailing. Notes HRS § 708-8100(4); HRE Rule 306(a)(3). State v. Mitchell, 88 Hawaiʻi 216, 965 Hawaiʻi 149 (App. 1997); State v. Tabigne, 88 Hawaiʻi 296, 966 P.2d 608 (1998). This instruction is appropriate when there is evidence that the notice of revocation was mailed to Defendant at the address set forth on the credit card or at the last known address by registered or certified mail, return receipt requested, and, if the address was more than 500 miles from the place of mailing by air mail. *If the address is located outside the United States, the Virgin Islands, the Canal Zone and Canada.