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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69259
Experience:  Over 5 years in practice
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Hi sir my case is as follows. Under this circumstances how

Customer Question

Hi sir my case is as follows. Under this circumstances how should I prepare with a view at least to getting a caution. I have poll ice interview tomorrow.

After that I congratulated her on her exam success and wished her on her birthday. She was fine up yo that point.Then I sent her a birthday gift to her workplace. She was angry and asked me not to make any further contact and blocked me on Facebook.

Though apparently her xpress words indicate that she was no interested her some behaviours were quite alluring and understandably was intended to allure me like as soon as I sent her a friend request she opened her Facebook page for public, though I myself requested her to block me she never blocked me which should be a primary resort got someone to avoid someone on Facebook and her status targeted to me as well. I don't have any evidence to conclusively prove them but some of her behaviours might indicate that.

A crucial part but which away not be proved in the court:
Then I set up a fake Facebook account impersonating her colleague and made her friend. Later it was discovered. But she may not prove it now as the account is deleted now and she presumably don't have any evidence.

29th November 2013
On that day through Facebook I came to know that she needed some money to go to holiday. Then I offered her the money sending her all card details. She agreed to take the money, appreciated my offer calling it generous and asking for some further card details. She asked me to give some more money and I agreed happily. We had a nice conversation and she showed her inclination to continue the conversation longer but I did not as it appeared to me to be exploiting her weakness. She at one point said if she takes money that would be using me.

On the next day she said she can't talk my money and did not take the money.apparently the reason appeared to me that I I did not have enough money on my account which she expressly referred to during the conversation as well.

Then I sent her a gift to her address finding it from net on 26yh December.

Then I decided not to contact her anymore. Then on 4th march I found her Instagram account where I left some comment and I sent her a bbm friend request as well. Quite surprisingly she accepted the request and I said I love her and she went to the police.

Now the Instagram account I communicated from is deleted. So it can't be conclusively linked to me as I had no friend no photo on that account. Now all the communications that took place were absolutely decent and mainly focused to encourage her in her studies. She tacitly appreciated my encouraging attitude during the conversation as well.

Now my argument is that the first course of communication from 26 January to 4 July 2013 was a separate course conduct from the 26 th December gift because of the time gap(nearly six months) and because of the fact that I apparently stopped contacting with the previous blatant intention. Her conversation and asking for money also acts as an evidence that despite a threat of police action she came back happily and therefore she was never harassed or never treated me a distress or someone totally unconnected making some unsolicited contacts.

Therefore in addition to the fact that there was a tacit approval to the fist course of communication if it can be proved A seperate course of conduct then I may be safe in that regard she brought the complaint about that after more than six months.

Now the fresh course of conduct consisted of just sending a gift and commenting on Instagram and a msg on bbm after her acceptance of invite request. The Instagram comment maybe difficult to link to me as the accounts are deleted.
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 would like to know how I should prepare for tomorrow's police interview so as to get at least a caution in this case.
Expert:  Jo C. replied 2 years ago.
Haven't we been over this?

I am concerned about wasting your time by repeating myself.

I'm afraid that it is not all that likely that they will caution you. They may but that would be a good outcome. You are not describing a harassment suitable for a caution.

There is no way of persuading them in any event. Its for them to choose whether to offer a caution or not.
Jo C., Barrister
Category: Law
Satisfied Customers: 69259
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you! Just to confirm your last line in my last question, have you said ' you are Not describing a harassment suitable for caution' ?
Expert:  Jo C. replied 2 years ago.
Yes, its not likely that for this type of harassment a caution would be available.

At least, if it is then that means of one two things. The first is that they probably can't prove it and so they are offering a caution to get something. The second is that they are just plain not applying the criteria. Obviously you take a risk.

We have to be realistic. You are describing harassment at the higher end of the way this offence can be committed.

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