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QLD Pleaded Guilty to SPER - Defence Layout a Statutory of Declaration?

Discussion in 'Traffic Law Forum' started by Rin, 24 July 2015.

  1. Rin

    Rin New Member

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  2. Sarah J

    Sarah J Well-Known Member

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    Hi Rin,

    I'm afraid I do not completely understand what you're asking. Are you asking whether your defence should be in the form of a statutory declaration instead of an affidavit? If so, then no. A statutory declaration is not evidence. If you wish to submit evidence to court, you do this by an affidavit or oral evidence. However, most traffic offences are strict liability offences. This means, there is no defence to the offence. If you committed the act, you have committed the offence. Therefore, are you submitting evidence for mitigation/sentencing purposes?
     
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