What do I have to prove?
The prosecution must prove every element of an offence and the facts beyond reasonable doubt, you generally don’t have to prove anything and you don’t have to call or give evidence as the defendant in criminal proceedings, that is your right.
What is a Local Court criminal Hearing?
Defended hearings in the Local Court are your entitlement under the law to put the prosecution to proof. After you plead not guilty and proceedings are set for a defended hearing, the prosecution must adduce evidence to prove every element of an offence and any facts they claim occurred, beyond reasonable doubt. We can on your behalf cross-examine witnesses, challenge the admissibility of certain evidence and if and only when it becomes necessary call you or your witnesses to tell the court what really occurred.
Defended hearings are an exercise in extensive preparation, strategic planning, tactics, intense scrutiny & sometimes investigation of the prosecution brief of evidence. The hearing itself involves decisions to be made on the spot about cross-examination, points of evidence, exploiting inconsistencies in the prosecution case and making effective submissions to a Magistrate.
Josh & James have extensive experience in all of these areas and can best present your case to maximise your chances of success and importantly preserve your right of appeal if necessary. You have a right of appeal, as Magistrates are human and make mistakes. Let us minimise the chance of any mistake being made and preserve your rights in the process.
Why choose McKenzie McLoughlin?
Josh & James have run thousands of Local Court hearings, we know what and how the prosecution think and are likely to do. Our experience as advocates in the Local Court, as investigators and solicitors places us in a particularly strong position to defend you, that is what we do.
Our extensive experience in the criminal law has taught us that the police often only have one side to a story, let us tell yours. Here at McKenzie McLoughlin, we want to know what actually occurred from you, your side of the story is of critical importance to us. However, charges are often dismissed following a defended hearing without the need for you to even give evidence.