NSW I am entitled to recieve the brief of evidence without entering a plea?

[James265433]

I went to court today on some reasonably minor matters however with my history i could easily be jailed. So of course i wanted the brief but didnt want to enter a plea at this stage and the magistrate told me i must plead guilty to get my brief.

This doesn't seem fair to me, nor has this been the case in many previous court proceedings. Has this law changed or am i still able to get my brief?

 

[Deleted member 12925]

Hi James

Where a matter is a summary or "minor" matter, there is no automatic entitlement to see a brief of evidence. A brief of evidence in summary matters is only made upon an entry of a plea of not guilty. For some summary offences, for example drink driving, the prosecution do not have to comply with the requirement to serve the brief of evidence 14 days prior to the hearing!


What you are entitled to receive though is a copy of the Police Facts Sheets, Criminal Record and Driving Record ( if it is a driving offence). From that, you can receive advice on whether you should be pleading guilty or not guilty.

 

[James265433]

The offences (4) are related to an incident at hotel where i was arrested. One charge is a deadset lie and the police facts are 50% bulls**t with everything worded in favour in of the venue, security and victims etc. As a lawyer you know the police facts are not the real facts. Thats why i want the brief.

Sure i am definitely guilty of misbehaving and im prepared to plea to a minor charge, even two. However, I know i can beat at least one and maybe even all of the charges if i recieve the brief allowing to me to mount a proper defence.

With the proper brief i can expose the bulls**t and therefore negotiate a far better deal with the DPP. Obviously the danger is for me to plead not guilty and then get found guilty of one or two offences. That would leave me up s**t creek.

But why should i cop to facts that aren't true and be sentenced on what are potentially custodial charges.

Do i need to enter a plea to go to committal hearing? I will get my brief then

 

[Deleted member 12925]

If the matter is strictly summary, the DPP will not become involved. The Police appear as prosecutors in summary matters. Additionally, summary offences do not have committal hearings, only indictable offences do.

If you wish to enter a plea of not guilty, brief orders will be made. Usually, the Prosecution will have 4 weeks to provide you with the brief of evidence and there will be a "reply" mention date 2 weeks after the Police have served the brief upon you or your lawyer. The reply date allows you to either, having read the brief of evidence, enter a plea of guilty, or alternatively, confirm your plea of not guilty and set the matter down for a defended hearing. On the date of the defended hearing, the Police will bring their witnesses and you or your lawyer will have the opportunity to cross-examine them. You will also have the opportunity to give evidence and call witnesses that will assist you.

It is correct you should not agree to the facts if they are not an accurate representation of the truth. You are sentenced by a Magistrate on the facts that are tendered, so if you do plead guilty, it is important that they are an accurate reflection of what occurred.