Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.
Fines notice was invalid due to incorrect address for service
|
or click here to request site subscription to search and view all judgments |
High Court overturns a District Court's decision to issue a bench warrant based on the accused's non-appearance, on the grounds that a fines notice issued pursuant to statute was not properly served on the accused as it was sent to an address where she did not ordinarily reside, without an alternative address for service being provided or a court direction regarding service, and the accused was not properly informed of the court date due to the incorrect service of the notice.
Fines (Payment and Recovery) Act 2014 - service of notice - ordinary residence - statutory declaration - bench warrant - personal liberties - constitutional rights - statutory service requirements - invalid service - District Court - High Court - enforcement proceedings - community service order - attachment order - recovery order - imprisonment.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
