Firstly, thank you for your time in viewing my post... I recieved an Offence Notice with the Year and Month completed; however, there is no Day (it was left blank). I understand from reading previous threads that this may be considered a fatal flaw. If my understanding is correct, what is the best process to try to have this charge quashed? I have read on some sites that not responding at all so that the ticket is reviewed by a JP is the recommended course of action; is this correct? Many thanks.
Firstly, thank you for your time in viewing my post... I recieved an Offence Notice with the Year and Month completed; however, there is no Day (it was left blank).
I understand from reading previous threads that this may be considered a fatal flaw. If my understanding is correct, what is the best process to try to have this charge quashed? I have read on some sites that not responding at all so that the ticket is reviewed by a JP is the recommended course of action; is this correct?
You can chose to not respond at all. If you do that, the JP will be required to review your ticket when it comes up to see if it is "complete and regular on its face". If it is not, it should be quashed. However, this relies on the JP to catch the error. If they don't then a conviction is entered and you'll have to appeal. The other alternative is to show up and argue that it's not complete and regular on it's face. The crown then can try to amend it, but, as you said, that is usually considered a fatal error.
You can chose to not respond at all. If you do that, the JP will be required to review your ticket when it comes up to see if it is "complete and regular on its face". If it is not, it should be quashed. However, this relies on the JP to catch the error. If they don't then a conviction is entered and you'll have to appeal. The other alternative is to show up and argue that it's not complete and regular on it's face. The crown then can try to amend it, but, as you said, that is usually considered a fatal error.
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Background:
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