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VIC What Happens in Court Proceedings and Presentation of Evidence?

Discussion in 'Criminal Law Forum' started by Porkncheese, 5 July 2016.

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  1. Porkncheese

    Porkncheese Active Member

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    I'v been charged with damaging property. I cannot afford a lawyer and I have the evidence that renders the allegation false. I need to represent myself. It's the only way. Prosecution have to prove it beyond any reasonable doubt. They can't.

    First question is, do the cops have to provide me with all the evidence and their case against me? They can't spring new evidence I don't know about true?

    Apart from that I'd like to know how the court operates. I go in, plea no guilty then it's adjourned, I think,, but what about on the day the prosecution opens with their charge and statement? Then what? Do I make my statement?

    When does my evidence get presented?

    When do witnesses get questioned?

    Sorry about not being specific about the case but it's more a question of the order in which things are done in a magistrate court of Victoria for an indictable offence. Is their footage of real court hearings I can access?Or even transcripts of cases?

    Any info would be great.
     
  2. Rod

    Rod Well-Known Member

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    What is the value of the damage you are alleged to have caused? Have you received any paperwork yet (court location, date, police brief)?

    Yes.

    They are not supposed to. You need to be on the look out at trial for something like this happening.

    The court processes will vary depending on whether they are taking you to the County court or Magistrates court.

    You need to very confident your evidence is admissible in court, there are extensive rules around the type of evidence that can be admitted. Recommend you book in to a community legal centre or legal aid for advice. What area are you in?

    If you've never been to court before recommend you spend a day or two going into a courtroom and watching what happens. With an indictable offence you can be looking at jail time if things go wrong, not to mention charges showing up on police checks.
     
  3. Ponala

    Ponala Well-Known Member

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    First question is, do the cops have to provide me with all the evidence and their case against me? They can't spring new evidence I don't know about true? - Have you applied for a copy of the Police brief or has one already been served on you? Yes they are required to disclose everything, they can 'spring' new evidence but it has to be before the court hearing and generally they need to disclose they are waiting for it. The Criminal Procedure Act covers disclosure.

    Apart from that I'd like to know how the court operates. I go in, plea no guilty then it's adjourned, I think,, but what about on the day the prosecution opens with their charge and statement? Then what? Do I make my statement? - On the 1st court date (mention hearing) you indicate you wish to plead not guilty, you will normally have a summary case conference with prosecutions on the same day to discuss teh case and see if it can be resolved, if not will get adjourned to another day. Depending on the court and the charges and evidence it may go to a 'Contest Mention' hearing or straight to a 'Contested Hearing.'

    When does my evidence get presented? - After the prosecution has presented all their evidence

    .When do witnesses get questioned? - Witnesses called by the prosecution give 'evidence in chief' first (their statement) and then the accused/you get to cross examine that witness and then the prosecution can re-examine if required (not new evidence, only clarifying things that might have been bought up in cross examine). If you are calling witnesses the same happens - your witnesses given evidence in chief and then get cross examined by the prosecution....................
     
  4. Porkncheese

    Porkncheese Active Member

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    Ok thanks for the info.
    I have already received the police brief. I have been to court and am a little familiar with it. It doesnt say the value of tue damage but i estimate it to be no more than $2,000. The hearing is in a Magistrate court and I live in the north western suburbs of Melbourne.

    Ok so the prosecution will open with their statement and present all their evidence.
    Then I will give my statement and present my evidence. Then witnesses will be called up to be examined and cross examined. Then I guess we give our concluding statements... Ok sounds simple enough
     
  5. Ponala

    Ponala Well-Known Member

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    Well sort of. The prosecution will go first with all their witnesses and evidence, during which you get to cross examine. Once they have presented their case you get to run your case - witnesses, evidence etc. you want to produce, and the prosecution gets to cross examine during that. At the end of both cases you can make submissions on law, introduce case law etc. as to why the prosecution has not made out their case.
     
  6. Timnuts

    Timnuts Well-Known Member

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    My ex wife and her new boyfriend, unknown but sighted by my next door neighbour, maliciously damaged and gave away 25k of my property that was stored in my shed, which today I still own. I have tried to report this act and the police won't even do anything about everything I owned, like tool and even my late father's personal possession, handed down to me all gone. The police are a bunch of c**ts and I am in need of some good advice /lawyer to civilly sue her.
     
    xxshellsxx likes this.
  7. Rod

    Rod Well-Known Member

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    1. Go down to police station again and make a formal report of stolen property.
    2. See a lawyer about starting a civil suit against ex.

    Has a property settlement been done?
     

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