15 Comments Criminal law, traffic matters, DUI, assault, theft, fraud
I agree with scaredshizless, upon what basis do you think a trial is less likely to occur?
Generally, when police wish to "tie up a few loose ends", it means that they are trying to achieve an air tight case for trial so that as much reasonable doubt is removed as possible.
Also, I get the impression that yum-mum-03 does not wish to to give evidence against the ex and this could be for a number of reasons. For example, they don't want their ex-partner charged or convicted because they still love them, like them, still have feelings for them or whatever.
Yes your right. How about this; what is yum-mum-03's motivation?
a) for the ex to be not convictecd or
b) to not have any involvement in court or have to see him again
What im saying is that she may not have an issue with him being convicted, provided that she doesnt have to give evidence in court. If she gives no statement, she would be summonsed to give evidence for sure. Yes?
You're right sillysilly, that's my mistake. As far as your comments are concerned shoeverine, I think you and I are making too many assumptions regarding yum-mum-03's motives.
Nevertheless, it is very rare that the prosecution will call a witness that has not previously made a written statement. And they will never call a witness that has neither made a statement nor been interviewed.
Yes he or she could be subpoenaed but the likelihood is virtually nil.
[QUOTE=NotGuilty] Nevertheless, it is very rare that the prosecution will call a witness that has not previously made a written statement. And they will never call a witness that has neither made a statement nor been interviewed.
Yes he or she could be subpoenaed but the likelihood is virtually nil.[/QUOTE]
Can you talk more about this? My understanding was that in cases of domestic violence, Police will often summons aggrieved persons who have since expressed a desire to have charges dropped.
I agree with sillysilly, TechSpec. At least for the uniform evidence act jurisdictions, namely, the CTH, NSW, ACT, Tas, NI and Vic (soon), a spouse, de facto, parent or child of an accused has a right to object to being compelled to give evidence for the prosecution. Note however, it is only a right to object, not a right not to give evidence. Whether one must give evidence after an objection is made is for the judge to determine against the criteria in the Act.