If I dont fight it and Im found guilty can I appeal it based on London v. Young. And If I appeal it do I have to go to court or can I send a Paralegal. (I might be out of the country for a year)
In fact not showing up can be very problematic. If you fail to attend Court for certain offences like yours, it could result in a warrant being issued for your arrest. While not a common practice, its a possibility and something to be mindful of.
More likely the Court will simply proceed with an ex parte trial (a trial in your absence). The Justice of the Peace will enter a not guilty plea on your behalf and the Crown will present their case. As you can imagine, with nobody present to cross examine witnesses or raise possible defences, its typically quite easy for the Crown to get a conviction. And then your sentence will be decided in your absence, so youre unlikely to get any breaks in terms of fines, additional suspension, etc.
Its really in your best interest to attend Court. If you dont have a serious record and attend as required, typically the Crown will offer you some type of deal. Even if you go to trial and lose, youre much more likely to get a break from the Justice of the Peace in terms of your sentence if youre actually present. If you will be out of the Country, then I'd definitely hire someone to represent you.
Id also point out that even if fatal errors were applicable to summons, no subsection is required with your charge. Section 53 is correct.
Your fine/penalty hasn't been determined yet. Take it seriously or they'll take it seriously for you.
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