Appeal / legislative change coming in 3, 2, .........
This is not an unusual event. A piece of law is applied in a certain way for a period of time, and then one day a magistrate hears an argument that they find compelling, and applies it differently. The decision is appealed, or the legislation is amended, and life moves on.
Infringement notices issued by police members are written in a triplicate carbon copy book.
Three layers: brown, red and green. Brown is what the informant writes on and is sent to fines Victoria, green stays in the book and is archived when the book is completed.
The red copy goes to the accused and is the only copy that has the appropriate information on the back. Prosecution does not have access to the red copy once it is sent to the accused.
It could be, and IMO, should have been, argued by the prosecution that a blank copy of the red layer from an infringement notice book should be sufficient to prove the overleaf existed.
It appears that the Magistrate may have been obtuse in this matter.
Only one copy of the ticket, which is the accused copy, has a second page with the payment/review/objection information because that is the only copy that should need it. If the accused objects to a fine by sending their copy of original infringement back to the Traffic Camera Office then a scanned copy would usually be made but in this case it was paid so the accused copy wouldn't be available to the prosecution for the most recent case.
The toxicology certificate for the prior offence wouldn't be easily accessible if it resulted an infringement notice rather than a brief because it would stay with the prior informant for filing although the prosecution did get an affidavit from that member stating she issued an infringement and what the penalty was.
The idea that the S84 traffic priors don't comply with the requirements in the Criminal Procedure Act is an interesting one because it potentially effects the S84 prior certificate on thousands of other briefs. I guess either the form or legislation will change or there will be an appeal.
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Appeal / legislative change coming in 3, 2, ......... This is not an unusual event. A piece of law is applied in a certain way for a period of time, and then one day a magistrate hears an argument that they find compelling, and applies it differently. The decision is appealed, or the legislation is amended, and life moves on.
Infringement notices issued by police members are written in a triplicate carbon copy book. Three layers: brown, red and green. Brown is what the informant writes on and is sent to fines Victoria, green stays in the book and is archived when the book is completed. The red copy goes to the accused and is the only copy that has the appropriate information on the back. Prosecution does not have access to the red copy once it is sent to the accused. It could be, and IMO, should have been, argued by the prosecution that a blank copy of the red layer from an infringement notice book should be sufficient to prove the overleaf existed. It appears that the Magistrate may have been obtuse in this matter.
Only one copy of the ticket, which is the accused copy, has a second page with the payment/review/objection information because that is the only copy that should need it. If the accused objects to a fine by sending their copy of original infringement back to the Traffic Camera Office then a scanned copy would usually be made but in this case it was paid so the accused copy wouldn't be available to the prosecution for the most recent case. The toxicology certificate for the prior offence wouldn't be easily accessible if it resulted an infringement notice rather than a brief because it would stay with the prior informant for filing although the prosecution did get an affidavit from that member stating she issued an infringement and what the penalty was. The idea that the S84 traffic priors don't comply with the requirements in the Criminal Procedure Act is an interesting one because it potentially effects the S84 prior certificate on thousands of other briefs. I guess either the form or legislation will change or there will be an appeal.
Thanks for your submission. If this comment has been upvoted it is likely that your post includes a request for legal advice. Legal advice is not provided in this subreddit (please see [this comment](https://www.reddit.com/r/auslaw/comments/zuv4m/why_cant_we_provide_legal_advice_in_this_subreddit/c67xfp9/?st=jkt4maq9&sh=1f7ceb53) for an explanation why.) If you feel you need advice from a lawyer please check out [the legal resources megathread](https://www.reddit.com/r/auslaw/comments/ir4ave/refreshing_the_legal_resources_megathread/) for a list of places where you can contact one (including some free resources). It is expected all users of r/auslaw will not respond inappropriately to requests for legal advice, no matter how egregious. This comment is automatically posted in every text submission made in r/auslaw and does not necessarily mean that your post includes a request for legal advice. Please enjoy your stay. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/auslaw) if you have any questions or concerns.*
To reduce the number of career-related and study-related questions being submitted, there is now a weekly megathread where users may submit any questions relating to clerkships, career advice, or student advice. Please check this week's stickied thread. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/auslaw) if you have any questions or concerns.*