Identify the court the case would be heard in. Outline the jurisdiction of this court – criminal, civil, original and appellate – This court has been heard in the Melbourne Magistrates court as a committal hearing. The Magistrates court of Victoria is the lowest court in the Victorian system and is a court of summary jurisdiction . The jurisdiction of this case would be criminal as the case is brought …show more content…
In the case that the prosecutor has presented to you today there is insufficient proof to convict Mr Haddara of these alleged crimes. We would ask for a verdict of not guilty on the charges of trespassing and stealing both vehicles from the Altona North property, stealing the BMW M2 registration, as well as drug possession, your honour.
Mr Haddara is fine upstanding citizen who has not been proven beyond reasonable doubt that he has committed these crimes by the prosecution. Without any witnesses to the alleged crimes and evidence that by no mean confirms the prosecutions story, it would be unfair and unjust to condemn this man to the dire consequences these charges carry.
The key to the prosecution’s case is proving that Mr Haddara unlawfully gained possession of the stolen vehicles by trespassing onto private property and removing the vehicles from said property. The prosecution has failed to do this beyond reasonable doubt. The police have been unable to definitively say when the car was stolen due to a lack of security tapes and witnesses in the area. Therefore the prosecution cannot prove Mr Haddara trespassed on the night of the alleged crime nor can they prove that he has no alibi for the time at which the car was