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NSW Haven't Received Brief of Evidence - What to Do Now?

Discussion in 'Criminal Law Forum' started by AussieDominance, 30 June 2016.

  1. AussieDominance

    AussieDominance Active Member

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    Hi,

    I am up for three charges assault, assault occasioning bodily harm, and wilful damage with an incident with a cab driver where he locked me in the cab. I also face two other petty non-criminal charges that he has chucked on there for good measure.

    The reason for my question is I plead not guilty to all 5 (3 criminal). The magistrate asked for a brief of evidence to be served by June 22. I haven't received this yet and it is June 30 now. Court is next Wednesday the 6th of July.

    Does this provide me any benefit whatsoever or does anyone consider anything to be happening? My legal aid lawyer(who is hard to get onto, thus doing this) contacted them last week and was told the officer would be in on Monday this week we rang them yesterday again and spoke to the Brief Handling Manager and they had no idea why the brief wasn't ready yet?

    Is there any benefit for me in this instance or potential of charges being dropped?

    Thanks
     
  2. Do I need a Lawyer

    Do I need a Lawyer Well-Known Member

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    Hi Aussiedominance,

    Unfortunately no benefit whatsoever. In a local court, hearing they must provide the brief at least 14 days prior to the final hearing of the matter. Police never get in trouble for serving brief's late, and they are always given more time.

    I would imagine in your case that on 6-7 July either the matter will be set down for hearing or adjourned so the police can get you the brief.

    Sometimes they serve it on the day on the mention too, so if you don't receive it before 6 July you may get it in Court that day.

    Cheers,
     
  3. Rod

    Rod Well-Known Member

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    You say to the magistrate that you want the case dismissed because no brief was received/not received 14 or more days before your hearing date and you have not been given the opportunity for a fair trial because of this. The magistrate will more than likely delay the case to another day.

    Definitely do not agree to a trial proceeding if you have not been given a brief. If it arrives this week and there's no issue with the contents, you need ask yourself do you want to delay, or do you want the matter dealt with anyway.
     
  4. Do I need a Lawyer

    Do I need a Lawyer Well-Known Member

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    The magistrate won't dismiss the charges on a 'reply date', which is the mention on 6 july.

    You are entitled to set the matter down without a brief of evidence if you know that regardless of the contents you are going to plead not guilty.

    If you are pleading not guilty because you want to see whether the police can prove the charges then request and adjournment so that you have the brief before you enter a plea. If you take a hearing date and are ultimately found guilty/plead guilty then you lose some benefit (i.e. discount on sentence) when you take the hearing date.
     
  5. AussieDominance

    AussieDominance Active Member

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    This is a local court hearing. Is it a tad strange they haven't provided the brief or nothing unusual?
     
  6. AussieDominance

    AussieDominance Active Member

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    Yeah so the brief had to be served at 4 weeks after the not guilty notice was put in (June 22). Now 6 weeks is Wednesday, July 6.

    What if the police have nothing ready on July 6 and we cannot just proceed with the hearing?

    Thanks
     
  7. AussieDominance

    AussieDominance Active Member

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    Thanks fair point. If they do not have any brief what would the process be? Or will they always have a brief?
     
  8. Do I need a Lawyer

    Do I need a Lawyer Well-Known Member

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    If they don't have the brief by 6 july:

    1. You can list it for hearing if you want to and the magistrate will make orders for another date for service of the brief;
    2. The matter can be adjourned again and another date given for the service of the brief. You would then come back for another mention.
     
  9. AussieDominance

    AussieDominance Active Member

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    Thanks for the information. Also, if found guilty of any criminal offence, is it viable to back date the conviction to when it actually occurred i.e to have it spent earlier?

    It is now 6 months since the incident and I got charged 4 months later. It just affects jobs and travel etc. Incident occurred on December 21.

    Are you able to request and do the magistrates have this power?

    Thanks
     
  10. Do I need a Lawyer

    Do I need a Lawyer Well-Known Member

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    Given that you are legally aided, it is best to now ask your lawyer further questions.
     

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