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QLD Evidence Rules in Queensland Magistrates Court

Discussion in 'Other/General Law Forum' started by dickybeacholdalbion, 12 June 2014.

  1. dickybeacholdalbion

    dickybeacholdalbion Active Member

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    I have a question about presentation of evidence in a Peace and Good behaviour order matter. The magistrate instructed the defendant to present to the complainant all documentation they intend to use as evidence by a particular date by certified or registered mail a means of determining receipt were the magistrates words. No evidence was sent by certified or registered mail to the complainant.

    A new magistrate in the hearing has allowed evidence to be presented that the complainant has not seen and which was not delivered to him as ordered by the first magistrate.

    Is that evidence acceptable considering the original magistrate ordered it be delivered by certified or registered mail and it wasn't?

    How does the complainant get that evidence ignored and dismissed? Is the defendant in contempt of court by refusing to mail the evidence to the complainant as instructed by the court?

    I do hope you can assist with these questions relating to evidence, admissibility of evidence and court procedure in the Magistrates Court.
     
  2. Worldly1

    Worldly1 Well-Known Member

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    Hi dickybeach,
    Have you or your lawyer raised the issue of the evidence not being delivered as instructed by the original Magistrate?
    You might find the following informative:
    Ch 7 (Disclosure) of the Uniform Civil Procedure Rules 1999 (Qld) about disclosure of evidence.
    Section 50 (Contempt) of the Magistrates Courts Act 1921 (Qld):
    (1) A person is in contempt of a Magistrates Court if the person—
    (a) without lawful excuse, fails to comply with an order of the court, other than an order mentioned in paragraph (e), or an undertaking given to the court; or
    (b) wilfully insults a magistrate or a registrar, bailiff, or other court officer during the person's sitting or attendance in court, or in going to or returning from the court; or
    (c) wilfully interrupts the proceedings of the court or otherwise misbehaves himself or herself in court; or
    (d) unlawfully obstructs or assaults someone in attendance in court; or
    (e) without lawful excuse, disobeys a lawful order or direction of the court at the hearing of any proceeding; or
    (f) commits any other contempt of the court.
    (2) A contempt under subsection (1) must be dealt with in the way prescribed under the rules.
    (3) However—
    (a) a contempt mentioned in subsection (1)(a) may be punished by a maximum penalty of 200 penalty units or 3 years imprisonment; and
    (b) a contempt mentioned in subsection (1)(b) to (f) may be punished by a maximum penalty of 84 penalty units or 1 year's imprisonment.
     
  3. dickybeacholdalbion

    dickybeacholdalbion Active Member

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    Thank you wordly1. I did try to point out to the magistrate the defendant had not complied with the order of the court to produce evidence, but was told to be quiet and sit down. I have had the matter adjourned because I needed to pick up some chemotherapy treatment for my wife at a specific time and if 2 hours had not been wasted with the un-allowed evidence I could have done that.
    Again thank you for your help
     
    John R likes this.

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