Sentenced to 5 months jail for driving whilst disqualified for riding a dirt motorbike

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Customer: Second opinion] Sentenced to 5 months jail for driving whilst disqualified for riding a dirt motorbike.
Answered by John Melis in 7 mins 2 years ago
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John Melis
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John Melis, Expert

Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.

Has the other party been forthcoming with communication with you in trying to address the issue or even considered the option of mediation

Customer
Hi
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John Melis, Expert

has the court date passed yet ?

Customer
My partner had an appeal date but wanted it put to a later date until after he sat before the parole board and he's solicitor at the time has pulled the matter without he's consent
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John Melis, Expert

what do you mean pull the matter ?

Customer
He told the courts that my partner no longer wanted to go ahead with the appeal
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John Melis, Expert

And does your partner want to have the appeal?

Customer
he does
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John Melis, Expert

The quickest way to appeal the decision, is to raise a claim in the county court against the magistrates courts decision.

You can appeal to the County Court against the:

  • conviction – the magistrate’s decision to find you guilty
  • sentence – the penalty or other sentencing order the magistrate gave you.

The appeal involves:

  • lodging paperwork
  • going to the County Court for an appeal hearing.

Get legal advice before lodging an appeal. A lawyer can advise you on whether your sentence was appropriate. The decision might feel really unfair but this does not mean that you will definitely get a better result if you appeal. It is possible that you will get a heavier penalty.

You only have 28 days from when the magistrate sentences you to appeal.

You need the County Court judge’s permission if you want to appeal after 28 days. You must show the judge that:

  • there was some exceptional circumstance or reason why you did not appeal in time
  • the prosecution’s case will not be harmed by the delay.

See the registrar at the Magistrates’ Court and fill out a ‘Notice of appeal’ form. You can do this:

  • on the day your case was heard
  • at any Magistrates’ Court within 28 days of the magistrate sentencing you.

The registrar will give you two copies of the completed form.

You must give one copy to the person who charged you (usually the informant) within seven days. You do not have to give it to them in person. You can leave a copy for them at their police station or send it by mail, fax or email. Give the other copy to your lawyer, if you have one.

When you appeal, most of the magistrate’s orders are stayed until the appeal is heard. That means the orders are put on hold.

For example, if the magistrate ordered you to pay a fine or follow a community corrections order you do not have to follow these orders.

However, you must still follow some orders. These include orders that:

  • sentenced you to jail
  • suspended or cancelled your driving licence
  • meant you had to register as a sex offender.

If the magistrate sentenced you to jail, you can ask the magistrate for bail until the appeal hearing. You can also ask the magistrate for permission to drive if the magistrate cancelled or suspended your licence. However the magistrate may say no.

Ask your lawyer for help in getting ready to ask the magistrate for these things.

The registrar at the Magistrates’ Court will give you the date for the County Court appeal hearing when you lodge the notice of appeal. Be ready to go ahead with your hearing on that date.

The hearing involves a County Court judge listening to the whole case again. There is no jury. The witnesses come and give evidence again. You can also ask new witnesses to come. The prosecutor will be there

If you pleaded guilty to the charges in the Magistrates’ Court, you can change your plea to not guilty. However, the prosecutor might try to show that your earlier guilty plea is evidence of you being guilty.

If you are pleading guilty or are found guilty, the judge can give you:

  • a lighter sentence
  • a more severe sentence
  • the same sentence the magistrate gave you.

The judge must warn you if they are thinking of giving you a more severe penalty. This will give you a chance to ask to drop your appeal.

If you would like to talk on the phone about this issue I welcome you to select call services.

What I suggest you do is focus on getting another lawyer as quick as possible so you can get the case files this week.

Does this help with your question today?

Customer
Does this still apply in Australia. As I've noticed you used the term county court
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John Melis, Expert

Which state are you in as it doesn't show on the post, are you in Victoria or New South Wales Western Australia etc

Customer
Nsw
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John Melis, Expert

The following link will explain exactly how in New South Wales you can appeal the district court.

http://www.districtcourt.justice.nsw.gov.au/Pages/case_types/appeal_cases/appeal_cases.aspx

Does this help with your question today?

Customer
thanks
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John Melis, Expert

Thank you for reaching out today.

You have a legal right to protect your interests in this important situation.

I am a user like you in this chat forum to assist in your important question today.

Thank you kindly for rating me with 5 stars, which helps me support the community.

You can come back to this post any time to ask questions without additional charge.

I hope I have assisted with answering your important question today, and thank you for supporting the community.

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