VIC Charged with Arson in Victoria

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Bill Murray

Well-Known Member
6 June 2018
159
19
454
Summarily just means you can deal with it in the mag court without a jury. It's your choice. It's just as serious however it'll be cheaper if you use a lawyer.

You can always negotiate. Once you have the BOE you can just accept that you're going to lose and indicate you'll plead guilty and happy for it to be heard summarily and then a magistrate will handle it without a trial. You can obviously go not guilty and either have a jury in district court (I assume) or you can go back to Pros and tell them you'll plead guilty to a lesser charge (criminal damage).

I'm assuming Victoria has a formal case conferencing process.

What on earth did you do that caused them to charge you for burning what appears to be an abandoned pallet? If it's abandoned it is not owned by anyone.
 

Bill Murray

Well-Known Member
6 June 2018
159
19
454
Sorry in case conferencing in QLD you also tell Pros the defences you will/might raise at which point if they don't think there is a reasonable chance of a successful prosecution they will NETO it. No idea if they do that in Vic.
 

Dylan1844

Active Member
17 June 2018
11
0
31
If I were to go down the line of defence that the property was not in fact property where would you recommend I start my research. How would I prove that it was not property?
 

Bill Murray

Well-Known Member
6 June 2018
159
19
454
You don't need to prove it.

You just need to present an argument good enough that it is feasible.

So just giving evidence that it was a crate in a park and you thought it was dumped rubbish and not owned by anyone would be enough. It'd have even more weight if it had been there for an extended period of time but only say that if you know for sure it was.

They then have to prove beyond reasonable doubt that it was owned.
 

Nonfiction

Well-Known Member
17 May 2018
111
13
414
Victoria
You don't need to prove it.

You just need to present an argument good enough that it is feasible.

More of a question than any assertion of fact. The term ‘prove’ can be contentious when ‘reasonable doubt’, in the absence of a jury, is left to judicial discretion?

Just wondering if Environmental Law, given the crate was in a park, will weigh heavier on the OP’s defence?
 

Dylan1844

Active Member
17 June 2018
11
0
31
Interesting, thank you again for your responses.

Is it possible that I be better off if it went in front of a jury rather than a judge?

I will have look into Environmental Law also.
 

Dylan1844

Active Member
17 June 2018
11
0
31
So I have a mention date in early July. If I plead not guilty and opt for it to be tried at the magistrates court will it proceed that day?

When would I expect to receive the full brief?