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wrong information on the NOTICE OF TRIAL
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PostPosted: Tue Jul 12, 2011 8:03 pm 
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HI

I was charged with fail to report a accident. And I decide to request a trial. Today I receive the notice of trail. But I found some information is wrong.

On the ticket, it states that the accident was happened 4:30 Pm , 3rd April. But on the notice, it states that the accident happened was 4:30 AM, 3rd May. all other information are correct.

Here is the question.

Do I have the obligation to call the court and tell them the information is wrong?

If I do not tell them, wether this wrong information can bring anything good toward my defence?

thank you for your reading and opinion and sorry for my English.

have a wonderful day.


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Re: wrong information on the NOTICE OF TRIAL
PostPosted: Tue Jul 12, 2011 9:35 pm 
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Your notice of trial is not the official charging document and the incorrect information will not assist you in your defence.
As far as i'm aware, you are under no obligation to correct them.


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Re: wrong information on the NOTICE OF TRIAL
PostPosted: Tue Jul 12, 2011 9:47 pm 
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thank you for your reply

Then I will go to the old city hall to ask for disclosure.


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Re: wrong information on the NOTICE OF TRIAL
PostPosted: Sun Jul 17, 2011 10:32 pm 
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HI

Because the information on the notice is wrong. Can I just ignore it and do not go to the trail. And then argue that I did not
receive the notice of trail and ask the justice to stay the case?


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Re: wrong information on the NOTICE OF TRIAL
PostPosted: Mon Jul 18, 2011 12:17 am 
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But you did receive the notice of trial, so how can you say that you didn't? Even if you actually didn't receive the notice, that is not grounds to have the charges stayed. That would just mean you would be convicted in abstentia for not showing up but you would have cause to have the case reopened so you could attend and have a trail.

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Re: wrong information on the NOTICE OF TRIAL
PostPosted: Mon Jul 18, 2011 10:33 am 
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sydavid wrote:
And then argue that I did not receive the notice of trail and ask the justice to stay the case?


If it were that easy, don't you think that everyone would be doing that already? Everyone could then walk in to court "I didn't receive a notice" and be let off. The Provincial Offences Act already has that covered, as Simon indicates. The onus is on you to make sure that you attend you trial, notice or not. If you do not receive a notice, it is your responsibility to get in touch with the courts to find out where/when you trial is. However, in your case, you DID receive a notice of trial, so if you tried to testify that you did not, you'd be committing an act of Perjury. Don't do that.

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Re: wrong information on the NOTICE OF TRIAL
PostPosted: Mon Jul 18, 2011 4:33 pm 
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thank you so much. I am just so stupid.

I was thinking because the information is not 100% accuracy, maybe I can take some advantage.

Anyway, thank for all your kind reply. have a wonderful night.


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Re: wrong information on the NOTICE OF TRIAL
PostPosted: Mon Jan 09, 2012 6:31 pm 
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What if the notice of trial is for a different offence than what one was charged with? I was charged with running studs contrary to some regulation of the HTA, and the notice of trial is for making a false statement to an officer. The charging document is valid and is for running studs.


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