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Ontario Highway Traffic Act

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Advice needed - Evidence not found not disclosed
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PostPosted: Wed Mar 05, 2014 10:01 pm 
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Newbie

Joined: Sun Mar 02, 2014 2:55 pm
Posts: 2
Hi everyone,
I need an advice
I am preparing my defence. Asked for disclosure. After about 4 months, I recieved the disclosure but it says the video evidence cannot be found although the officier mentions it in his notes.

In the court, can I ask the charge dropped because the evidence is lost or may be hidden? Any relevent cases ?

Thank you in advance.


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Re: Advice needed - Evidence not found not disclosed
PostPosted: Thu Mar 06, 2014 7:56 am 
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Joined: Wed Mar 30, 2011 1:08 pm
Posts: 536
Location: Ontario
This is incomplete disclosure, normally solid testimony from the officer should be enough to convict you, but if there was a video you have a right to see it and they are obligated store it properly so that will happen. You should ask for the case to be stayed before the trial begins (it is not a slam dunk, there is a process so do your homework and get it right) because you believe it will harm your ability to defend yourself at trial.


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Re: Advice needed - Evidence not found not disclosed
PostPosted: Sat Mar 08, 2014 10:18 am 
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Newbie

Joined: Sun Mar 02, 2014 2:55 pm
Posts: 2
Thank you for the response.

I am trying to file stay application and I cannot find enoguh help. Everybody is talking about 11b but for incomplete disclosure (loss of evidence) there is less discussion

Anyone with useful information, please share

Thank you


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