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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69254
Experience:  Over 5 years in practice
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My lovely wife was brutally mugged in 1998, 5 years before

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My lovely wife was brutally mugged in 1998, 5 years before I met her. She is now highly disabled having developed MS symptoms shortly after the mugging having sustained head injuries including a fractured skull. I have recently discovered love letters written to her in the early 1990's by 2 men she hardly knew. I have approached the police to have the case reopened in the light of the new evidence surrounding the case. I have managed to secure a crime number for the original investigation, I am a qualified teacher and the registered carer for my wife. I would greatly appreciate any suggestions / advice you can give me so that I can get this case reopened. My e-mail address [email protected] and my telephone number is XXXXX XXX XXXX. I will be up at least until midnight and if i am lucky enough to get 6 hours sleep i will be up from 6am tommorrow (Thursday 5/12) RSVP ASAP Sincere regards XXXXX XXXXX

Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What would you like to know about this please?
Customer: replied 2 years ago.

I need to know exactly what i need to do to get this case reopened. My wife is the most honest and virtuous person i have ever met, she was only with the two men i have seen letters for, for a few dates but the letters from both of them make disturbing reading. One of these two guys is responsible for what happened as I have studied profiles for crimes of passion. There is a lot more i can say but i do not want to get carried away with myself at this juncture.

Expert:  Jo C. replied 2 years ago.

I'm not sure I can really give you good news. There is no way of guaranteeing that the case will be reopened. That is a matter for the police and CPS alone.

All you can do is present the evidence that you have in the hope that it will be considered fresh and compelling. Obviously I haven't had full vision of the case and you have to take that into account but I cannot immediately see why love letters relate to the offence under investigation?

If nobody was arrested and NFAed though then its not difficult to get the case reopened. There is no double jeopardy issue. The only issue is that the police need more evidence that they had originally. If that can be provided then they probably will investigate further. Its fair to say that would never normally pursue a stale act of violence but this is a case that was reported at the time so isn't really a stale offence.

Can I clarify anything for you?

Customer: replied 2 years ago.

Let's cut to the chase...

1. I am a recently self published true crime in a fictionalised stlyee author. My book has the queens warrant. The book has been read by several prominent MP's, senior police figures as well as media types. My point is one of the two guy's will be going in the next edition of the book and take my chances with a tort / subsequent civil legal action 'coz that's the kind of guy i am. I give the book away for free and you are more than welcome to a copy.

2. I only did one module in law many years ago but i was good, real good.

3. To save me looking it up on the internet, please could you kindly expand on 'double jeopardy' and 'stale' cases.

4. One of these two guy's (and I kinda know who the smart money is on) employed a professional to hurt her for reasons i am happy to disclose (okay so there may be a tiny bit of conjecture here on my part)

5. When you say 'not difficult', why is it not difficult?

6. Sincere thanks for your input so far, i'm doing the maths as we espeak.

Expert:  Jo C. replied 2 years ago.

3 Double jeopardy is when you prosecute somebody twice. It used to be impossible. Its very difficult now and its not likely to happen for a mugging however serious. But this isn't a case where anybody was arrested and NFAed. Nobody was arrested and so it can be reopened.

5 The reason above really. You just have to raise more evidence creating a situation where the police have enough to act upon. You don't need to get around double jeopardy.
Customer: replied 2 years ago.

I think these are my last questions


1. When / if i get sued for slander can my wife's assets be used to pay out on damages?

2. What are the maximum damages i can be sued for personally if someone proves i have falsely accused them of employing a professional to mug (aggravated assault + intimidation) my wife.

3. How can i get access to the police files? Would POA help?

4. Naturally you will get a smiley face rating.


Expert:  Jo C. replied 2 years ago.
1 No, she is not liable for your damages. The risk may be anything you jointly own. Then they can make her sell to recover your half.

2 There is no maximum for defamation.

3 You are not going to be able to get access to the police files Im afraid. They are confidential for goods reasons. Only the police and courts and their agents can do that. You can always make a subject access request but it will be refused if you are connected to the case.

4 Thanks
Customer: replied 2 years ago.

Sorry, almost there...


1. When i say smiley face i mean the 'excellent' one.

2. If my only asset is a £250k flat which I made a declaration of trust and passed it to my brothers back in August 2013, before the book was written / published, can this be used to pay damages for defamation (there is a 20k mortgage so title is technically still in my name, if this is an issue i'll take appropriate steps to transfer title)

3. How am i connected? By marriage? (Sorry if that is a silly question)

4. Less importantly, what is a subject access?

5. More importantly bless you and is there anything i can do for you in addition to paying my value for money fee?

Expert:  Jo C. replied 2 years ago.
1 Thanks.

2 Yes, they can apply for that transfer to be set aside on the basis that it is an attempt to dispose of assets.

3 Yes, the police won't disclose records to anybody but particularly not to somebody married to the complainant.

4 A SAR is usually a request made for any information held upon yourself. Defendants can sometimes get their own CRIS reports using this procedure although even then they black out information considered sensitive. What is open to dispute is whether complainants can do the same thing. Anybody can make a SAR. The question is whehter it would lead to anything but it is free to do.

5 No but thanks for asking!
Customer: replied 2 years ago.

So Finally...

1. In light of your response viz disposal of £250k assets. I only found the letters 2 days ago, my flat was 'disposed' of 3 months ago purely because i love my brothers dearly and they have children, i thankfully do not. How does this alter your response?

2. My book has two titles: Call Me Fredo or The Radioactive Kid. I prefer the back cover spiel on the latter title. It should only be available in paperback print format. I have just published the 3rd edition and there are only two hundred copies of each edition. I have not determined the content of the 5th edition just yet until i resolve the issue in question. My telephone number is XXXXX XXX XXXX however you are more than welcome to provide me with details of your chambers/practice via e-mail or phone. Please let me know if this is possible?



Expert:  Jo C. replied 2 years ago.
1 Not at all. They can still apply.

2 We are not allowed to have direct contact under the rules of this site but thanks for asking.
Customer: replied 2 years ago.



1. I forgot, about the intellectual property rights viz the book and other not for profit interests ie. trademarks already registered, copyright on the book, non-activated websites relating to trademarks registered, all of which I have no intention of making any money from personally. (Sorry I guess this may be a tough one (no disrespect) but it only just came to me). So how are my intellectual property rights/assets affected?

2. For what it's worth I am Sincere, Confident, Kind, Funny and Good Looking (No, i'm not selling myself to you, just letting you know that i'm one of the good guy's (honest Guv) but justice for one and all is, in my opinion, the bedrock of civilisation).

3. So I just the answer to 1. above please and i'll bid you adieu, as i need to watch over my wife who is sleeping on the sofa beside me...


Expert:  Jo C. replied 2 years ago.
1. I'm not an intellectual property lawyer so I wouldn't know. If you post another question on here though somebody will help. If you are on a subscription it shouldn't cost more.

2. I'm sure thats right.

3. Hahah! All the best.
Jo C., Barrister
Category: Law
Satisfied Customers: 69254
Experience: Over 5 years in practice
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