Page 1 of 1

Delay court hearing

Posted: Sat Mar 30, 2019 11:02 am
by Roger1
Are there ways that I can delay my court hearing? I drive a family member to GP/hospital app's for which a replacement won't be available for 4 months. I'll be losing my licence once I go to court for DD - 6months, I'm expecting a summons soon. I'd appreciate any answers that would be a common or normal reason for delay. Please leave judgements and comments on my crime for the courts - when I get there.

Re: Delay court hearing

Posted: Sat Mar 30, 2019 11:49 am
by Hardy
The easiest way to get the delay you seek is to not turn up at court on your court date. The second easiest is to turn up and plead not guilty. Do each of those things and the rest will just fall into place.

Re: Delay court hearing

Posted: Mon Apr 01, 2019 2:57 am
by Roger1
So if someone didn't show up for several adjournment dates would the likely course of action be a warrant issued and the case not determined until the defendant appears in court? Obviously resulting in that person being legally licensed until they next cross paths with the police.
Is there much chance of an ex parte hearing?

Re: Delay court hearing

Posted: Mon Apr 01, 2019 9:28 am
by Hardy
If you don't show up at court for a drink driving charge it is very likely the court will issue a warrant for your arrest. Else the court will convict you in your absence. There are numerous pathways through this, some better than others. I seem to spend half my life delaying cases for people who need some time to prepare for the inevitable. If you let me know what date you want to lose your licence I'll let you know what it will cost in legal fees to achieve that. Not everyone appreciates the simplicity of the warrant stage, so some people are happy to pay more to avoid that.

Re: Delay court hearing

Posted: Mon Apr 01, 2019 11:30 pm
by Roger1
Thanks Hardy, can we do the fee schedule the other way. You give me a price/day delay and I'll let you know how long I can afford. :D
I've relied on this site and your knowledge for many years now, much appreciated.

Re: Delay court hearing

Posted: Tue Apr 02, 2019 1:23 am
by Hardy
It's not possible to charge for days when no work is done.

Re: Delay court hearing

Posted: Mon Jun 03, 2019 9:05 am
by Roger1
Morning Hardy,
Received the summons re the above. I've just got a couple of questions out of general interest when you have the time.

1. The Notice Accompanying Prelim Brief stating what's attached is dated before the said attachments were obtained - how is that?
2.The witness list says there was a statement obtained YES and a document is attached YES re the analysis of the oral fluid sample, yet nothing was attached re this. (Drug driving BTW not Drink driving)
3.Under 'Statements made by accused' it only has me saying, "No reason, no". Does that mean the prosecutor is limited to that statement as to what I said at the scene?

Thanks.

As to our fee discussion, I agree with you there should be no charge for days when no work is done.

Re: Delay court hearing

Posted: Mon Jun 03, 2019 7:08 pm
by Hardy
The preliminary brief is irrelevant unless you don't attend the court, in which case the Magistrate reads it to convict you. If you are attending court, then it is what is said in the witness box that matters, not what is written in the preliminary brief.
So in answer to your questions:
1. - Sounds like they got the attachments later.
2. - That wasn't a question. But it is likely they will remember to provide the court with a certificate of analysis.
3. - No.

Re: Delay court hearing

Posted: Fri Jun 14, 2019 1:45 am
by Roger1
How can I get a copy of the analysis?

Re: Delay court hearing

Posted: Fri Jun 14, 2019 4:56 pm
by Hardy
You don't want a copy of your analysis.
But the police will give it to you anyway. A copy will probably be attached to the charges.

Re: Delay court hearing

Posted: Fri Jul 26, 2019 6:25 am
by Roger1
After a phone call from the police I was informed that a warrant had been issued and we agreed on a time and station to meet to execute the warrant.
I was hoping you could give me an approx time frame from executing the warrant to a court hearing/decision with a NOT GUILTY plea. Also would there be any consequences, other than pissing off the officer, if I didnt attend this meeting and dodged his phone calls/house visits for as long as I can?

Re: Delay court hearing

Posted: Fri Jul 26, 2019 11:03 am
by Hardy
You are under no obligation to go to the police station just because they have a warrant and want to execute it. Se http://trafficlaw.com.au/warrants.html

Executing the warrant will give you a mention date in about 6 weeks time. Then you might get a further mention 4 weeks later, complete a summary case conference, possibly a contest mention a month later, and a hearing date about 12 weeks after that.

At the moment there is a very good chance of an acquittal in most drug driving cases, so make an appointment to see me if you think that is worth it.

Re: Delay court hearing

Posted: Fri Jul 26, 2019 7:42 pm
by Chef
6 weeks for a mention?? Clearly haven't been to Ringwood lately.

Re: Delay court hearing

Posted: Sat Jul 27, 2019 2:46 pm
by Hardy
A client of mine was arrested this morning and was bailed to 4/9/19. Usually they get anywhere between 2 weeks and 14 weeks. I've also arranged for clients to get bailed to attend court the same day. Anything is possible.

Re: Delay court hearing

Posted: Sat Jul 27, 2019 8:34 pm
by Chef
I know the new magi (Stavraggi) there has been trying to reduce the back log due to FV fast track. I applied for some summons days, 8 month lead time in the book

Re: Delay court hearing

Posted: Fri Dec 11, 2020 9:19 am
by Roger1
When asked why I'm pleading Not Guilty can I just say that I'd like the prosecution to prove their case?

Re: Delay court hearing

Posted: Fri Dec 11, 2020 5:10 pm
by Hardy
Yes. Justice McHugh in Latoudis v. Casey said your plea of not guilty puts everything in issue. So that is all that is required. Just like if you didn't even turn up. They'd still have to prove their case.

Re: Delay court hearing

Posted: Mon Dec 28, 2020 1:15 am
by Roger1
Hi Hardy,

Since your advice on my previous question I have submitted an online plea of not guilty and was advised by the court to contact the prosecuting agency to conduct a summary case conference. This hasn’t happened yet but a new mention date has been listed for approx 6 months away. If there is no change in my plea would there be any reason that my case would be heard before this date?
The new mention date means the court has given me everything I was hoping for re this case which makes me extremely nervous.
Hope you’re well.

With thanks.

Re: Delay court hearing

Posted: Mon Dec 28, 2020 12:27 pm
by Hardy
You are expected to complete a summary case conference by the next mention date.
If you don't complete a summary case conference by then the court will require you to complete one, by telling a prosecutor to discuss it with you and you are expected to sign a Form 11A or a Form 12. If you fail to complete the summary case conference the court can list the matter for a contested hearing without the SCC being done. Either way it is unlikely you will get a hearing date prior to Sept 2021.