Harvey v Commissioner of Police

The appellant was served with a complaint and summons in relation to a police matter, but did not in fact receive the complaint and summons. The appellant was subsequently found guilty by the Magistrates Court of Victoria in their absence. The appellant appealed to the County Court of Victoria against the conviction and sentence, arguing that the magistrate had erred by hearing the complaint ex parte as they had not received the complaint and summons. The appellant sought to have the conviction and sentence quashed and for the matter to be remitted to the Magistrates Court for a new hearing. The Commissioner of Police cross-appealed, arguing that the appellant had failed to provide evidence of non-receipt of the complaint and summons.

The court considered whether the appellant had established that they had not received the complaint and summons, and whether the magistrate had erred by hearing the complaint ex parte. The court held that the appellant had not provided sufficient evidence to establish that they had not received the complaint and summons. The court found that the magistrate had not erred in hearing the complaint ex parte, as the appellant had not provided evidence of non-receipt at the time of the hearing.

The appeal was dismissed and the conviction and sentence were upheld. The cross-appeal was also dismissed. The court held that the appellant had not provided sufficient evidence to establish that they had not received the complaint and summons, and that the magistrate had not erred in hearing the complaint ex parte. As such, the conviction and sentence were upheld and the matter was not remitted for a new hearing.