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.
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.
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.
Tweet“The creation of a statutory corporation is an act of the legislature, not of the Governor-General in Council acting under s 64 of the Constitution.” Therefore it is a legislative decision, not one of the Executive. 192 UNSW Law Journal Volume 28(1) brought for the enforcement of such a contract.29 That is, it is well recognised that […]
You do have the right to ask questions also, just as the officer may have the right to ask for your name and address.
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.
Tweet I am a pensioner, and I live some 3 ½ hours drive away in ________, Victoria, 3___, my health has not been the best in recent times, but in particularly I have a problem with my foot which is very swollen and painful to the point I can barely move around the house let […]