NSW Seen in area charge for it.

Discussion in 'Criminal Law Forum' started by Taliano030, 8 December 2018 at 3:28 PM.

  1. Taliano030

    Taliano030 Active Member

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    Hi I was just wondering I was seen in area at time of when a crime was commited thay thought it was me can the police of me charge you based on Bering seen for it. Thanks
     
  2. Scruff

    Scruff Well-Known Member

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    What you are alluding to is "circumstancial" evidence, which means "pointing indirectly towards someone's guilt but not conclusively proving it.". In a criminal court jurisdiction, an allegation must be proven "beyond reasonable doubt" in order to obtain a conviction.

    With that said however, not all juries get it right - regardless of instruction.
     
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  3. Adam1user

    Adam1user Well-Known Member

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    As scruff mentioned they need to prove, but also it will depend on your character, this would help, if you are known to police, then they may take interest in you, if you are not known (what I mean if you do not have any problems or issues with police) then they may talk to you and get some feedback from you (that could be their purpose).

    I don't think the police are the light minded people.
     
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  4. Taliano030

    Taliano030 Active Member

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    I was well known to the police for a avo. Never been charged locally. Thay hade no other evidence. Just in area. Also the area was where I live. And I was charged a few weeks latter for it.
     
  5. Scruff

    Scruff Well-Known Member

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    What was the offence that was commited that you refer to in this statement?
     
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  6. Taliano030

    Taliano030 Active Member

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    A smashed window on sameone house.
     
  7. Scruff

    Scruff Well-Known Member

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    Okay, assuming that you had nothing to do with this, the AVO may be of concern depending on the circumstances. In general, when you consider a persons history, it's not just the history alone, but also whether or not that history relates to the type of offence that is alleged. So in this case, if the broken window came about after some kind of domestic dispute that was for example heard by neighbours who called the Police, then it would be likely that an AVO would be given consideration.

    However if the crime was random, for example someone reported that a car drove by and someone threw a rock, no domestic, no argument heard, then you have AVO vesus random property damage which is two different types of behaviour. So if you have no links to the property or the people who live there, the AVO would likely be given much less weight in this case.

    With all of that said, if you have been charged for smashing a window, then surely the Police must have something more than "we saw him in the vicinity, so he's the one."
     
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  8. Taliano030

    Taliano030 Active Member

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    I have never come in contact with these people before, it was one street away amazingly thay based it just on that thay think it was me is there evedence. The people claimed that that that hand an argument with me a year ago. witch I do not recall any argument. And charged me for.
     
  9. Scruff

    Scruff Well-Known Member

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    You should probably engage a lawyer for this one. It appears at this point that all the evidence is based on assumptions and speculation - it is therefore purely circumstancial. But it is also possible that one of these people gave a statement that implicated you and you are not aware of it. You therefore need to review all the evidence to find out exactly what has happened and a lawyer can certainly help you with that.

    If upon review of the evidence, it is found that it is only circumstancial, then you have a chance of getting the charges dropped before it even goes to court.
     
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  10. Taliano030

    Taliano030 Active Member

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    I did contact few lawyers but not so much on this side of thing. He said im not actuly being charged for anything. He was under the asumption the police had it in for me.
     
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