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QLD Criminal Trial and Writ of Habeas Corpus

Discussion in 'Criminal Law Forum' started by Steve888, 2 March 2015.

  1. Steve888

    Steve888 Member

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    I am in need of urgent advice, to stop this forced summary trial, and direct it to a jury trial as is our constitutional right.

    Offence of using a carriage service to menace, harass or cause offence contrary to s.474.17 of the Criminal Code is punishable by a maximum of 3 years imprisonment. Pursuant to s.4G of the Crimes Act 1914 such offences are indictable. However, pursuant to s.4J(1) such offences can, with the consent of the prosecutor and defendant, be heard summarily. If heard summarily, the maximum penalty applicable to the offence is a sentence of imprisonment for period not exceeding 2 years or a fine not exceeding 120 penalty units, or both: see s.4J(3)(b).

    I am being forced into a summary trial against my will, by QPS prosecutions and Legal Aid QLD and the Southport Magistrates court.

    I need to file a writ habeas corpus of in the public interest and to serve justice only a trial by jury? Or what is the solution ?

    I have a heart condition that is inhibiting my self-defense and the defence of my rights.
     
  2. Ivy

    Ivy Well-Known Member

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    Hi Steve,

    I think you should see a lawyer as soon as you can. Any charge that carries a potential prison sentence is serious and you have the right to a fair hearing, which in most criminal cases includes the right to legal defence. Although you have the right to represent yourself, the statistics on self represented cases are fairly disheartening so I cannot suggest strongly enough that you contact a lawyer as soon as you can.
     
  3. Steve888

    Steve888 Member

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    Dear Sir or Madam,
    Presiding Magistrate regards [Moderator redacted]

    Regards set down scheduled summary trial in this mater, Offence of using a carriage service to menace, harass or cause offence contrary to s.474.17 of the Criminal Code is punishable by a maximum of 3 years imprisonment. Pursuant to s.4G of the Crimes Act 1914 such offences are indictable. However, pursuant to s.4J(1) such offences can, with the consent of the prosecutor and defendant, be heard summarily. If heard summarily, the maximum penalty applicable to the offence is a sentence of imprisonment for period not exceeding 2 years or a fine not exceeding 120 penalty units, or both: see s.4J(3)(b).

    I DO NOT as previously and continuously, I DO NOT consent to these proceeding, I DO NOT consent to summary trial, your offer is NOT accepted, I demand this matter is remedied immediately, I do not consent to being a surety to this case and proceeding, I demand the bond be immediately brought forward so I can see who will indemnify me if I am damaged,

    Sincerely
     
  4. Ivy

    Ivy Well-Known Member

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    Hi Steve,

    Is there a question here?
     
  5. Rod

    Rod Well-Known Member

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    You can elect to have a jury trial, ask the court on how to apply.

    Issue is that jury trials go to a higher court and if not self-represented, they will cost you much more to defend (add a 0 to the cost of a summary trial).

    Why do you think you need a writ of habeas corpus, are you currently in custody?

    I agree with Ivy, get proper legal advice.
     
  6. Steve888

    Steve888 Member

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    JUDICIARY ACT 1903 - SECT 69


    Indictments


    (3) Any person committed for trial for an offence against the laws of theCommonwealthmay at any time within fourteen days after committal and before the jury is sworn apply to aJusticein Chambers or to a Judge of the SupremeCourtof aStatefor the appointment of counsel for his or her defence.
     

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