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Character Reference (Criminal Court)
Any State. Precedent for preparing a character reference for a criminal court (Magistrates' Court, Intermediate (District/County) Court, Supreme Court) in any State of Australia: After accused people have pleaded guilty or been found guilty by a Court, the Court begins a sentencing procedure. As part of this procedure, the defence lawyers often wish to tender written character references on behalf of the convicted person, by people who know them well, and who are aware of the conviction, but who nevertheless wish to say that the convicted person has good character and reputation. This template is designed to assist the referee to provide all necessary information, but nevertheless speak in their own words, and to produce a neatly written or typewritten reference bearing the referee's signature. Some character referees might be able to supply their own letterhead. (L-CharRef1)
 
HowTo Object To Evidence
A "Cheat Sheet" for a barrister or a solicitor (or for a client to understand what's going on in the mind of the barrister or the Judge or the Magistrate in a court case in Australia) in relation to evidence provided by the other side.
Court cases are decided according to law and on the evidence. If you are a party to court proceedings, you need to tender the evidence that supports your case. DocDownloand publishes a Guide on How to Draft Affidavits.
In court, you also need to oppose the evidence of the opposing party, where it disagrees with you. This includes "Objecting" to this evidence, if it violates the "Rules Of Evidence".
The main Rules Of Evidence in Australia are contained the in the Evidence Act of the Commonwealth, and of each State. These Acts are not identical, but they are very similar. Legal publishers also publish entire textbooks on "Evidence Law" which contain hundreds of "rules" and hundreds of "exceptions".
DocDownloand does not give legal advice and, of course, we cannot list all the rules. You can download the Evidence Acts yourself for free. But here we list some of the main rules in this "Guide to Objecting to Evidence".
Remember that you object not because you disagree, or think it is a lie, but because the question or the answer or the statement is "inadmissible".
In court proceedings, a party or their counsel (usually their solicitor or barrister) makes objections to:
(a) spoken and written evidence, including -
i. the whole answer, or entire paragraphs of an affidavit or statement,
ii. sentences, or
iii. phrases and words, and
(b) questions asked of a witness
Objections are based upon -
(a) the "inadmissibility" of the oral evidence or deposition (affidavit or statement),
(b) the "incompetence" of the witness,
(c) the "form" or "subject-matter" of the question.
Different objections apply to "examination-in-chief", "cross-examination", and "re-examination".
All of these matters are given some definition in our cheat sheet.(L-HowTo3)
 
Legal Briefing -Coy briefs solicitor re CRIMINAL
Normally a criminal solicitor’s job starts with an initial face to face interview with the new client. However, if the solicitor or the client corporation are in a hurry, or afraid of missing some important details, the client might ensure that the available time is used to maximum benefit, by recording in writing some details the solicitor might need to know sooner rather than later. It also helps to combine the thoughts of several people in one document. A corporation acts and thinks one or more individual persons (directors, company secretary, executive officers) each of whom may know different parts of the big picture. This document can be assembled with input from several company officers, to set out the bigger picture, prior to an interview between the lawyer and the company officer appointed to give the briefing. Provided the document is created for the purpose of obtaining legal advice and representation, it should remain confidential at all times. Do not produce multiple photocopies if this document. (L-DD9101E)
Legal Briefing -Person briefs solicitor re CRIMINAL
Normally a criminal solicitor’s job starts with an initial face to face interview with the new client. However, if the solicitor or the client are in a hurry, or afraid of missing some important details, the client might ensure that the available time is used to maximum benefit, by recording in writing some details the solicitor might need to know sooner rather than later. This document, can be called a briefing or “confidential written instructions”. When completed it is a communication between a client and a lawyer for the purpose of obtaining legal advice and representation, and it should remain confidential. Do not produce multiple photocopies if the completed document. (L-DD9100E)
Legal Briefing -Solicitor briefs barrister re CoyCRIMINAL
Brief by a solicitor to a barrister concerning a corporate client in a criminal matter. Barristers can be hard to please. They are heard to complain that their briefs comprise 'not enough observations' or 'too many observations'. Or too many lever arch files.
However, most lawyers ' barristers and solicitors ' seem to agree that a brief need not be a great work of literature. But it does need to (a) be delivered in good time, and (b) under cover of instructions that contain the essential information, so that the barrister never subsequently complains 'why didn't you tell me about that?'.
This document can be adapted to become a pro forma covering brief in criminal matters. (L-DD9097E)
Legal Briefing -Solicitor briefs barrister re PersCRIMINAL
Brief by a solicitor to a barrister concerning a client person in a criminal matter. Barristers can be hard to please. They are heard to complain that their briefs comprise “not enough observations” or “too many observations”. Or too many lever arch files.
However, most lawyers – barristers and solicitors – seem to agree that a brief need not be a great work of literature. But it does need to (a) be delivered in good time, and (b) under cover of instructions that contain the essential information, so that the barrister never subsequently complains “why didn’t you tell me about that?”.
This document can be adapted to become a pro forma covering brief in criminal matters. (L-DD9096)
Subpoena - example of the form
An example to show where the lists will finish up. This is a NSW Form 23. Our lists will finish up on page 5 under the heading "The documents or things you must produce are as follows ..." (DD9059F)
Subpoena to Telstra seeking docs to identify phone numb user
Free. "The documents or things you must produce are as follows ..." An interesting example. A very simple document where you want Telstra to give you information regarding the user of a particular phone during a particular period. (L-DD9062F)
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