VIC Council Issued Fine with Incorrect Details - Re-issued Two Weeks Later?

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Debra Cashews

Member
23 July 2015
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I have a question about Local Council fines for dogs at large. The Council issued me with a fine with the incorrect dog details. After calling the council they said they would be withdrawing the fine. I received a notice of withdrawal.

Two weeks later, I have received another fine for the same incident with the correct details. Can they just change details like that?
 
S

Sophea

Guest
If you committed an offence, then the council are able to issue you with a fine. You are not exculpated simply because they said they were withdrawing a notice due to an error.
 

kevin586

Well-Known Member
14 January 2019
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I disagree and strongly so. Once they have withdrawn the fine they cant then re-issue it. They cant have it both ways.

It was them who initiated the case. They had every chance to get all their ducks in a row. They stuffed it that's their problem.

What law says you are compelled to assist the prosecution to prosecute you?

Check out the Magistrates Court Act and the Sentencing Act in your state. As I recall it says in one or they other, they cant do that but perhaps they can if you agree to and why on earth would you do that????
 

Tim W

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28 April 2014
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Rod

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Though if they are being malicious and reissuing the same ticket multiple times they can be prosecuted for malfeasance.

I can't see that in what you described.
 

Scruff

Well-Known Member
25 July 2018
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What details were incorrect? If they originally identified a totally different dog, then you should contest it.

The council has essentially altered the most important material facts here, which places doubt over their entire case and their credibility. I can't see them successfully prosecuting this unless they have photo or video evidence.
 

Tim W

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Though if they are being malicious and reissuing the same ticket multiple times they can be prosecuted for malfeasance.
In theory, maybe.
More likely, a simple double jeopardy argument would see the court strike out the "repeats".
Withdrawing and re-issuing an infringement is quite OK.
 
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