Rehearing Granted Despite Prosecution Opposition – Mildura Magistrates’ Court
Our elderly client had a criminal matter reheard at Mildura Magistrates’ Court after penalties were imposed in her absence without proper notice, with the original sentence set aside despite strong prosecution opposition. Through swift action and comprehensive submissions highlighting her vulnerability and lack of awareness, we secured a second chance for proper legal representation.
Our elderly client came to Elbob & Stephenson Legal after discovering that her criminal matter had been finalised in her absence at the Mildura Magistrates’ Court. The court had imposed penalties without her having the opportunity to appear or defend herself, a situation that left her understandably distressed and confused.
She had not received proper notice of the court hearing and was unaware that the matter had progressed to sentencing. By the time she learned of the decision, time was of the essence.
We acted swiftly to:
Prepare a comprehensive application for a rehearing under the Criminal Procedure Act
Gather supporting material demonstrating why our client’s absence was not intentional, including health-related concerns and communication issues
Draft persuasive written submissions and appear in court to argue that it was in the interests of justice for the matter to be reopened
Respond to strong opposition from the Prosecution, who sought to keep the matter finalised and prevent a second chance
Despite Prosecution objection, the Court was persuaded by our submissions and found that justice required the matter to be reheard, particularly given our client’s age, vulnerability, and lack of awareness of the proceedings.
As a result:
The rehearing was granted
The prior finding and sentence were set aside
Our client now has a fair opportunity to respond to the charges with proper legal representation
Missed your court date? A decision made in your absence doesn’t have to be the end of the road. With the right legal advice, you may still have options to set aside the outcome and have your voice heard.
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