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wrong date of birth on charge sheet

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hdtbrock View Drop Down
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Joined: 09/April/2018
Location: Australia
Posts: 1
  Quote hdtbrock Quote  Post ReplyReply Direct Link To This Post Topic: wrong date of birth on charge sheet
    Posted: 09/April/2018 at 17:28
hi everyone
I'm after info in relation to charges..
a close friend of mine has been through absolute hell with his marriage failing and his wife's infidelity. witch has ended up on serval charges, he has no previous record that I'm aware of...
he's been a good family man and has worked hard as a builder to provide for his wife and 2 young children.

he has been arrested and bail refused..
they have his date of birth complety wrong on everything.. from the charge sheets , brief , he is even incarcerated under the wrong date of birth..   

is this grounds for dismissal ?
he's been in on remand for nearly 2 weeks and has another week before court..
any help or information would be much appreciated.
thanks in advance.
hdtbrock

citizen-joe View Drop Down
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Joined: 09/October/2005
Location: Australia
Posts: 591
  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 09/April/2018 at 18:17
No, it is not ground for the charges to be dismissed, mistakes happen, however he needs to consider the possibility that there is another person with the same or similar name but with a different date of birth. If this is the case and if this other person has an existing record it is possible that the case against your friend could be processed as if he was a previously convicted person.

He should advise his solicitor of the above to get the facts sorted out before this goes to trial. If he has not engaged a solicitor, he should do so right away.

citizen181 View Drop Down
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Joined: 02/February/2012
Location: Australia
Posts: 678
  Quote citizen181 Quote  Post ReplyReply Direct Link To This Post Posted: 10/April/2018 at 15:49
Yes I agree, the police are granted wide latitude for what the court would see as small non consequential errors on documentation. However as advised he should seek to correct the record as soon as possible. An accumulation of small errors that could lead to the confusion of the court are a different matter.

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