5 Comments Criminal law, traffic matters, DUI, assault, theft, fraud
I'm not a solicitor, OK?
Also, some people on this forum are QLD police, OK?
I am guessing it is the commonwealth criminal code you've been charged under? S474.17?
It says the offence is to #use# a carriage service to harras etc. You don't have to own it, you don't have to live there.
The qps have probably decided that the content of the message is 'proof' that it came from you....not always a valid assumption.
We have data retention laws...they might show if you visit the address where the message came from or not...
If they didn't bother seizing any devices, they aren't to interested in investigating it.
If they don't have much good evidence, they might drag it out, cost you some legal fees, keep you under bail then withdraw the charge before the hearing. Not an uncommon qps strategy.
I hope this helps,
The content was removed before i was able to see it i have offered my computer & they don't want it court date is next month but the claim there is no GP9 yet thinking of just writing a submission to them showing i was not at this address nor do i have access to some random persons internet to do so
OK, so you ought not reveal any details about the matter on here (public forum) at all.
Really, qps are on this forum.
Frankly, it is usually a smart move to make no comment and decline police interviews. OK? Good so far. I recommend you don't consent giving them your computer.
I recommend you don't send them a submission telling them you were not at the address.
I know, I know, if you just write to them point out that you don't live there, that you were out of the state at the time, that the whole confusion can be cleared up. They'll apologise and withdraw the charge.
But they probably won't.
(My experience was that a submission was prepared, and ignored)
The cop who charged you has probably already filled out the QP9, sent it to the prosecutor and gone on to other jobs. It's the prosecutors problem now. The prosecutor will have the QP9, where some cop says it was you, and a submission from you, saying it wasn't you. He won't believe you. If you point out you don't live there, he'll think maybe he hacked their WiFi. If you offer your computer, he'll think he's either removed the evidence, or done it with his phone. Your submission won't convince him. And he won't investigate any discrepancy you point out.
For some reason (we don't know why) they've decided you, out of all the people in the world, used a carriage service for menacing/harassing.
Maybe one if your accounts got hacked by someone at that house....you know, they guessed your Facebook password and used it to say some really nasty things to someone.
Or maybe they are just a catfish...and they've used lots of your details to make a false Facebook account and say some nasty things to someone.
Have you tried wayback machine to see if you can see the stuff...or Google's cache maybe...one of the search engines might have cached it....#if one if your bail conditions prevents from checking out those things DONT BREACH YOUR BAIL CONDITIONS.
Oh yeah, the QP9 is running late. There are court guidelines stating that the QP9 ought to be with the defendant well in advance if the court date...but the qps seem to ignore that and only give it to you on the day of the first appearance....by the way QP9s are notorious for being inadequate and misleading to the magistrate...(mine was mostly lies, so many "facts" were incorrect in a directly provable (if one bothered to check) yes/no sort of way...not just a "matter of opinion" sort of way)
Have a Google of the qps operational procedures manual...the qps have it on their website....the chapter on prosecutions, they don't work like that.
Try to get some free legal advice maybe. A community legal center or phone around, some solicitors offer a free half hour to get started. I suggest you do not pay for legal advice until after you are holding a copy of the QP9, which I reckon will be after the first appearance.
I hope I'm wrong and it gets dropped tomorrow. If you are indeed a completely random innocent party, I'm sorry you are going thru this.
I hope this helps,
No i am not on bail it is really odd i haven't be arrested like normally a person would be i was giving a small paper of court date & offence & another pink one Identifying particulars ordering me to come in & give fingerprints within 7 days
I personally believe i am being set up the aggrieve is a person i sued in qcat small claims they have claimed it was done by me so they have focused in on me
Police spoke with myself & lawyer the very night it happened Australia day 2015 they declined taking my computer & phone makes me believe they knew it was done with my devices
mrajstanley 2016-03-18 00:57:34
No bail conditions, you've got a notice to appear. You'll get bail conditions at the first appearance.
Notice to appear is common.
What a joke. I think you might be right. They chose you because you got a solicitor on the night, gave no interview and once sued the other party. I mean that's proof of guilt.
I recommend against the submission. The cops seem to have closed their mind to any other possibilities. I've read about people who've made submissions, and the cops have then gone and sought a new statement from the other party to explain the new circumstances. The other party suddenly recall new details which they haven't previously mentioned. It's better for that to happen in front of a magistrate, who will see it for lies.
So if you point out you were out of the state, they 'discover' it was posted at a different time from what they thought. You point out you don't live at that address, they 'find out' the WiFi was hacked.
It could be the other party setting you up. It could be a 3rd party who hates the alleged victim too.
I would have expected a charge sooner. Maybe the online harassment is continuing. Maybe it's taken the cops ages to work out the address where it came from. I also expect the other party has been hounding the cops to charge you. Or/and the other party has a mate who is a cop.
I recommend you don't visit the site...data retention might get looked at down the track. Better if you aren't even on it.
I've reached the limit of my knowledge. I recommend you try to minimise your legal costs...but if the cops proceed beyond you getting a QP9, I do suggest a solicitor would be a good idea. Maybe find a fixed fee solicitor, fixed fee doesn't equal bad quality.