If you have a Criminal case in a lower Court as low down as the Magistrates Court (VCAT,NCAT, QCAT etc do not apply) AND you raise a Constitutional Matter AND the AG’s either fail to reply or reply in the negative for intervention (thinking your case is too trivial or lacks merit) THEN not only can the Magistrates Court decide the matter but the Prosecution CAN NOT APPEAL it unless granted Special Leave by the High Court.
TweetIntroduction I was at the Magistrates Court today and a party to a speeding matter had some senior counsel representing him. A thick bound folder in hand with a title on the side “Motor Vehicle Laws”, this was going to be a contested trial. The defence raised? Necessity. What? He had to do it? […]
Each application for an official warning is reviewed on a case-by-case basis with factors such as the circumstances, time of offence, weather conditions, traffic density and type of road/land abutting taken into account.
TweetCould the Police have a Motive to lie in your case¹? On various social network platforms you often see Video Footage of police with a short fuse making hasty arrests, inevitably even when the person appears not to resist at all they often get charged with obstruction, failing to obey, resisting arrest and assaulting a […]
As mentioned ‘the devil is in the details’…. If you have some correspondence from the ‘sheriff’ in early 2015, you MUST notice that the supreme court of vic seal is in the emblem…. whereas now it’s the Magistrates’ Court seal inside the emblem – suggesting a different jurisdiction.
TweetURGENT PLEASE SHARE TRAVEL WARNING FOR VICTORIANS: HUGE POLICE BLITZ Police say all drivers, even those headed off-road, can expect to be checked. “with every available officer and vehicle” “A huge police blitz will start next month with every available officer and vehicle ordered to hit the road until early January. “ The […]
Request the excess fees be removed and be left wit the fines, if any of the fines can be contested, do so, plead special circumstances with the Court to get the amounts left reduced now.
Is the Sheriff after you for Warrants older than 5 years old? Here’s how to deal with it.
Control over the means of propulsion and movement of the vehicle are necessary ingredients of driving
In fact to submit it into evidence in Court they need your permission, the Road Safety Act 1986 (Vic) Section 90 on the issue of admissibility of driving history states any such document may not be tendered in evidence “without the consent of the accused” if the accused is present at the hearing of the information.