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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70295
Experience:  Over 5 years in practice
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A summons has been served with an address which does not exist.

Customer Question

A summons has been served with an address which does not exist. Is it null and void.
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

What is the summons for?

Is this to attend the criminal courts?
Customer: replied 4 years ago.

For JOMO1872.


Driving without due care and attention. Failing to stop after accident.
Summons for Magistrates' Court

Expert:  Jo C. replied 4 years ago.
Thanks.

How did you come by the summons if it was sent to the wrong address?
Customer: replied 4 years ago.

the location of the incident is incorrect.

Expert:  Jo C. replied 4 years ago.
I am really sorry but that will not impact upon the summons.

There is case law on what makes a summons defective and it literally has to be such that you cannot understand it is for you. Clearly you received this summons so it falls away.

If they have the wrong location cited in the charge then you can plead not guilty on that basis as indeed the charge is wrong. The Crown may amend the indictment or charge to include the correct address and then your defence would fall away. You could still claim full credit if you plead guilty at that time as it would be the first time the proper charge was put.

The Crown are always alleging incorrect particulars and then correcting them though. They don't even need the courts permission until half time.

I'm very sorry if this is bad news but I have to give you truthful information.

Hope this helps. Please let me know if you need more information.

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