The criminal justice system in Australia has been around for a very long time. Over the years, it has been modified to take into account developments in society and sometimes to cater for the outcome of an individual case. In fact, it's so complicated and full of so many different nuances that it is very difficult to understand or decipher, even for those who are experts in their trade. This means that no case is ever 'black and white', and if you've been charged with a crime, you have every right to dispute it vigourously in accordance with the law. You should never be afraid to refer to other cases, unravel elements of previous case law and look at alternative pieces of evidence if it means that you can dispute the case.
A civil prosecutor will try to make a strong case against you if they believe that you should be charged with a crime. They will try to persuade the judge or jury that you are guilty as charged, and you have to counter this strongly at every stage. Remember that there is always a presumption of innocence and the prosecutor needs to prove their case beyond any reasonable doubt. Police officers and other investigators are human, and they may have made mistakes along the way, so if the presented information is incorrect, then you have grounds to get the case dismissed. Mistakes are made every single day in the legal system, but it does not mean that you cannot take advantage of any misstep and get the charge thrown out.
Disputing the Facts
You may be entitled to ask the court to schedule a disputed facts hearing. This is another process of discovery, and it challenges the prosecution to provide additional evidence to substantiate their claim. The presiding judge or magistrate will hear submissions from each side and will make a decision thereafter.
Alternatively, try to deal directly with the prosecutor's office to sort these issues out before standing in front of the court. Your solicitor will be able to help you put this information together and may often refer to old case law or other relevant information. Don't be surprised if the authority decides that this is too complex a case to pursue and decide to drop it rather than using their resources in this way.
If you are to be successful and fight your case as vigourously as possible, then you need to engage the services of a lawyer who offers services in this type of litigation.