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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 43516
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I am contesting a speed camera fine & went to court yesterday

Customer Question

I am contesting a speed camera fine & went to court yesterday for the first mention, after a case conference where the cop basically told me I was wasting my time I said I want to take it to a hearing. As the clerk could only organize an adjournment for another mention I went back to the prosecuting cop for a hearing date & he discovered they had listed the wrong jurisdiction, ie it should be Moorabin & not Melb Magistrates court so yesterday was a complete waste of my time due to their mistake.
Is this grounds for having the matter dismissed & if so who would I apply to?
Russell
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good Morning
My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.
You will have to go back on the next occasion and the court swill then set the matter down for a hearing.
So where is the next date listed at Moorabin?
When is it listed and how far is it from you?
Customer: replied 1 year ago.
It is listed for 2-7-15 at Moorabin which is 14kms from me.
However my question is given they had the wrong information on the documents & I wasted a full day based on their error, can I ask to have the matter dismissed?
Customer: replied 1 year ago.
ie they listed it for Melb Magistrates court & it should have been Moorabin
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Leon replied 1 year ago.
Good Morning
You asked for an adjournment correct and the court granted it? On what grounds did you ask for the adjournment?
What court was yesterdays listing in Melbourne or Moorabin?
You cannot have it dismissed for this error.
Customer: replied 1 year ago.
I'll start again. I didn't ask for an adjournment, it was only a mention so as I wanted to continue it had to go for a full hearing but then they discovered it was in the wrong jurisdiction, the traffic camera offices error
Expert:  Leon replied 1 year ago.
Good Afternoon
At the next mention you will have to go into court and have it listed for a hearing.
Which court house should it be in?
Did the prosecutor say that they were going to have it changed?
Customer: replied 1 year ago.
They now say Moorabin & they changed it on the spot.My defense is that they present a test certificate of the camera & a photo but some people have won a defense saying, as the photo doesn't have the camera number on it & they cant prove the camera that was tested is the camera that photographed my car but I ran it once & lost as they say the legislation states that if they present the documents they are accepted & the onus is on me to prove my innocence, contrary to Australian law where the opposite normally applies.Also I am calling an expert witness in a similar case & we have written asking for detailed info on the operation & testing of the camera system & they wrote back & didn't answer one question, I then issued a summons for the info & they have employed a Barrister to try to deny it & say if I go ahead & they win they will ask for costs, what are your comments about this?
Expert:  Leon replied 1 year ago.
Good Afternoon
In these types of matters they cannot ask for costs.
Costs are only granted in Civil Matters not criminal matters. The courts only make costs orders in exceptional cases ion criminal matters. Here is the section of the act that you need to read.
http://www.austlii.edu.au/au/legis/vic/consol_act/cpa2009188/s401.html
If you click on the [Noteup] icon at the top you will get a list of cases that refer to this and you will see what the courts have done and when they issue cost orders.
You appear on the next occasion and advise you want the matter to be listed for a hearing.
You advise the court that there are 2 witnesses you and the expert.
They will ask you how long do you think it will take. These matters usually take half a dat to a day if stretches.
You will be given a date and you have to be ready on that date.
The police will have to provide you with all their evidence on the morning of the hearing at the very latest.
I Hope this is clearer and makes sense.
If there is nothing further thank you for using my services.
If I have missed anything, or you have any further questions please let me know
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
Regards
Leon
Customer: replied 1 year ago.
1. Further to your comments above I attach the letter I received from the traffic camera office's solicitor, you will note they appear to be confident about applying for costs, at the hearing the barrister affirmed that to me, do you still stand by yr comments above & if so can you substantiate them?
I cant paste it to your web page, is there a way I can "attach" the page?
2. You haven't commented on my defense, this has succeeded as I said but the relevant legislation is 81 & it appears to be drafted so the onus is on the defendant to prove their innocence rather than the prosecution & this has been repeated to me by a number of solicitors & indeed a magistrate but this is contrary to normal justice, however it states, "is without prejudice to any other mode of proof & in absence of evidence to the contrary, proof of the speed of a motor vehicle or trailer on that occasion", please supply how you think I should handle this.
3. To assist my defense I have asked for detailed info on the operation, testing & manuals of the camera system but they have employed the services of a barrister to try & deny me this information. (A) My first reaction is if this is all above board why would they try to deny me obtaining it? & (B) How do you advise I make them supply itRegards
Russell
Expert:  Leon replied 1 year ago.
Good Morning
I have not received the letter
They may appear confident but the courts have a discretion on costs and in most of these matters, they do not award costs.
You can email it to me at
***@******.***
I cannot comment on whether you will succeed or not. That is up to the court. The onus is on you. Most of these offences are strict liability unless you can show you are not liable.
If they do not have the evidence then you will be successful. All you have to show is that there is doubt. Any reasonable count in the eyes of the court and they will not convict.
You have done the correct thing in what you have asked for.
But you will need an expert to decipher it and give evidence on any anomalies he or she finds. This will cause the doubt required.
If you have concerns that they will not provide it then you can issue a subpoena for them. Once the matter is listed for a hearing and you know the date then you should also issue the subpoena on the police.
You tell the court when they are listing it for a return date for the subpoena.
If they do not produce then they are in breach of a court order.
I hope this is clearer?
Expert:  Leon replied 1 year ago.
Good Afternoon
I'm just following up our discussion earlier this week and seeing whether there is anything else I can assist you with.
If I have missed anything, or you have any further questions please let me know.
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
I look forward to hearing from you.
Regards
Leon
Expert:  Leon replied 1 year ago.
Good Morning
I'm just following up our discussion earlier this week and seeing whether there is anything else I can assist you with.
If I have missed anything, or you have any further questions please let me know.
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
I look forward to hearing from you.
Regards
Leon
Expert:  Leon replied 1 year ago.
Good Evening
I'm just following up our discussion earlier this week and seeing whether there is anything else I can assist you with.
If I have missed anything, or you have any further questions please let me know.
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
I look forward to hearing from you.
Regards
Leon