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the defendant must adduce proofs that raise a “more probable than not” inference in favour of what it urges; there must be a reasonable and definite inference available on the whole of the evidence; there must be something more than conflicting inferences of equal degrees of probability. And in assessing whether the defendant has satisfied its obligation, the Court must take into account the gravity of the matters alleged….

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.

Although it is not entirely clear that she was properly informed that the Magistrate could not act on factual statements she made unless she did give evidence.

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