Law / Criminal Conviction Questions

[FieryP125]

My friend has recenty broken up with a rather vengful ex.

Around 18mths ago he pushed her off her couch and she landed awkwardly on her big toe breaking it.

To cut a long story short, she is now threatening to go to the Police over this previous incident due to the break up of their relationship.

The questions really are?

Would this still proceed with the CPS even if it's 18mths ago?

My friend is scared of a Police record - would this be possible?

If it did proceed would she succeed?

[jake-the-peg]

Think this may be the wrong category but never mind

Put yourself in the position of a desk sargent at your local police station.

Somebody comes in and says "I've broken up with my ex and 18 months ago he pushed me off the sofa and I broke my toe - there were no witnesses and I didn't complain at the time"

What would you say?

The CPS only take up cases where there is a realistic probability of sucess - I cannot imagine them touching this with a 40 foot barge pole

[mimififi]

she might even get accused of wasting police time!

[Alibobs]

What is she hoping to achieve from this?

[Golden Shred]

On the little you tell us a criminal case is unlikely to proceed, in fact why should the ex bother ? But as he pushed her a civil case will be successful. A broken toe will be worth �5000 to �7500 with costs against your friend -probably cost him a a total of around �17500

[jake-the-peg]

I think even in a civil case some sort of evidence is customary.

I very much doubt pointing to a toe broken 18 months ago and saying somebody pushed you is likely to cut the mustard!

[NJOK]

Yes, in a civil case she'd still need to prove it, although the burden of proof is lesser.

A criminal conviction requires a case to be proved beyond reasonable doubt - that is, even if the jury is 90% convinced (for example) that the defendant is guilty, the 10% of them that remains unconvinced counts as reasonable doubt, and no conviction.

In civil cases, where one person sues another for damages, the case is decided on the balance of probabilities. If the court is 51% convinced that the ex's version of events is true, she'd win the case.

That's how OJ Simpson wasn't convicted in a criminal court for murdering his wife, but was successfully sued in a civil court by her family for unlawfully killing her.

Either way, the ex would struggle to prove it was your mate who injured her - even in a civil court.

Oh, and even if he was successfully sued in a civil court, it wouldn't go on his criminal record.

[Golden Shred]

The above two answers are from la la land, I'm afraid. If the matter goes legal it will be quite easy to establish that the "friend" was the cause of the injury. A courtroom full of liars is well understood and easily taken apart. The "friend" injured the girl and she is entitled to compensation. If he is frightened of the law - criminal or civil - he should try taking her round a �1000 and hope that she will sign a "full and final settlement" receipt in accepting.

[cascarelli]

Golden Shred....really, how will it be 'quite easy to establish that the "friend" was the cause of the injury'?

No bruises from a push, no police complaint at the time......please, get real!

Oh, I see, youre just a wind up merchant with time on your hands. ok.

[Golden Shred]

It is quite easy, believe me.

[FieryP125]

Need clarification - know way is she the type ( I know her ) to accept a full and final settlement. She wants to screw him big time

[claireyfairy]

I think the point Golden Shred is trying to make is that if the case went as far as to court and the guy decided to try and lie and say that he didn't push his ex and cause her broken toe then he would easily be found out. Your all assuming that this guy would lie in court to save his neck which may not be the case.

[Golden Shred]

If the ex will not voluntarily accept an ex-gratia settlement and consults a solicitor it will inevitably end up in court. The fact that she was assaulted 18 months ago means nothing, in these personal injury cases it is quite common to leave proceedings for two years or more so that the latent effect of the assault can also be understood and included in the evaluation. If it goes to court the "friend" really has no defence and will leave court with a bill in the magnitude I have stated above.