statement of facts

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statement of facts

Postby de81 » July 1st, 2015, 12:13 pm

Hi,
I'm going to court for dui in Victoria. Just wondering what will the "statement of alleged facts" contain?
The police gave me only notice of immediate suspension of licence, under the section "statement of offence" it says that I was tested for the presence of alcohol in my breath and committed an offence under sub paragraph (f) section 49(1). There is nothing about the circumstances around the incident. What info will the court get from the police, and can I see it before the hearing?
Thanks
de81
 
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Re: statement of facts

Postby Russell Boyd » July 9th, 2015, 8:35 pm

When you go to Court you will receive a brief of evidence from the Police (usually sent in the post). This will contain the 'Statement of Alleged Facts' or 'Summary'. And yes, you can certainly see it before the hearing. If it hasn't been sent to you with the charges you can contact Police to ask for a copy before you go to Court.

The Summary is much more than the Notice of Immediate Suspension , which is simply noting what offence Police say you have committed. The Summay will contain things like how Police stopped you (eg. whether it was a random breath test or because you had an accident) and anything you said to Police (were you cooperative, etc)

If you decide to plead guilty and accept the contents of this document, it will be read to the Magistrate so they understand the circumstances. You or your lawyer can then tell the Magistrate more about what happened which could affect their decision about what penalty to give you.
Russell Boyd | Criminal Lawyer | Armstrong Legal
http://melbourne.armstronglegal.com.au/ ... ssell-boyd

T (03) 9620 2777
Level 4/99 William Street, Melbourne VIC 3000
Russell Boyd
 
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