NSW Criminal Law - Police Charged Me with Assault on False Grounds

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Daniel McIntyre

Active Member
23 March 2016
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31
Hey I'm in Parramatta local court tomorrow. I might have just blown a large hole in their case, though. Bit hesitant to say what though but looks foolproof.
 

Serge Gorval

Well-Known Member
LawConnect (LawTap) Verified
2 November 2015
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614
Sydney
lawtap.com
do you need representation? Let me know.

have you submitted a listing advice requiring all relevant witnesses to attend ? it may be that the matter wont proceed tomorrow if witnesses are absent. you should push for the matter to be dismissed and fight to not have it adjourned !
 

Daniel McIntyre

Active Member
23 March 2016
8
0
31
Would love representation but, unfortunately, cannot afford it. No, I haven't filed a listing advice, didn't realise I could.

I'll try. I found a case Smith v R in the HCA regarding identification from a video. Since the police facts and statements are purely based on the officers viewing the video and refer to the person in the video as me, doesn't that make them inadmissible ? Also the security officer they have called is testifying somebody from IT told him the video was destroyed, is that admissible hearsay?
 

Daniel McIntyre

Active Member
23 March 2016
8
0
31
Hearing went from 9:30 till 1:10. Next one is on the 13th April. I successfully had police statements of what they saw on CCTV deemed inadmissible on opinion rule. Successfully had a statement of Westfields Security deemed hearsay and he was sent home. Managed to get the arresting officer to admit on oath she didn't investigate or consider any factor personal to me before she arrested me then provided a reference to police instructions manual and Hage-Ali vs R NSWDC, however, the magistrate ignored that clear judgement and made the erroneous decision to the effect the arrest was lawful because it was effected for the purpose of asking me if I wished to give a statement and to set bail.