L19- EX PARTE Flashcards
In order to hear a matter ex-parte, how many days must the preliminary brief have been served on the accused?
14 days
What are some of the limitations on sentencing in hearing a matter in absence of the accused?
IMP NOT available
Fines must be less than 20 penalty units (for a single charge) if multiple charges (fines upto 50 penalty units) and any restitution must not exceed $2,000 and a sentence that requires the consent of the accused person is not available (i.e CCO, Drug/Diversions/Adjourned Undertakings)
General guidelines for matters that are probably too serious to be heard ex-parte?
Offending involving F/V
Multiple priors for similar offending
Victim who may want to make a victim impact statement.
IF LIKELY OUTCOME = MODEST FINE = EX-PARTE IS LIKELY A GOOD OPTION
General guidelines to hear a matter ex-parte?
Summary offence, sufficient admissible evidence sentence likely to be a modest fine, is matter suitable to be heard ex-parte, having regard to the seriousness of the offending and persons criminal record?
You are prosecuting, conducting mention court duties. You come across a brief, where the accused has not rocked up for a summary charge and the preliminary brief was served 28 days ago. However, the brief contains a deficiency what do you do?
Ask the matter to be adjourned for an ex-parte hearing so you can obtian the evidence from the informant and have that evidence served AT LEAST 14 days prior to the next hearing date. If there is no further evidence considering withdrawing the charge at the ex-parte hearing.
