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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I have been charged with theft by employee and trial is coming,

Customer Question

I have been charged with theft by employee and trial is coming, They have cctv which shows incriminating act but no physical proof of money in my hand and audit reports but one which one the day of my arrest was £69.98 but i had £75 of my own money and proved their evidence wrong as im innocent and pleading not guilty, what do you think is likely outcome as i am a stduent in university and no previous convictions
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
.
Thank you question. My name is ***** ***** I will try to help with this.
I will obviously not be able to predict the decision of the court. That will come down to the merits of the evidence and the way it comes out and your credibility.
The truth is it will depend how incriminating the CCTV is. If it is damning then probably you will be convicted. The absence of money doesn't really add all that much unless you were stopped immediately afterwards with no opportunity to dispose of the cash.
If it is not damning but just looks suspicious then probably not. If you were stopped immediately afterwards then it is a very good point that you had no cash upon you.
£69.98 is an odd sum to steal.
If you are innocent then you should plead not guilty and put the Crown to proof. In truth, theft from employer is so serious than you shouldn't ever plead guilty unless the evidence is overwhelming against you.
Can I clarify anything ?
Jo
Customer: replied 1 year ago.

the managers have a grudge against me and have never liked me and one manager inparticular who put a statement against me had a very massive disagreement with me had been involved and threatened me and I have two witnesses statements given by two colleagues present then and many character references, would this play any role in proving my innocence and futhermore he had been promoted to admin manager at the convient time of my arrest weeks before?

Expert:  Jo C. replied 1 year ago.
Well, only in that you could argue it gives them a motivation to lie.
If the facts are as you say then I would not run it on this basis though. It is quite unlikely that a jury is going to accept that two separate managers with no real particular animus against you are going to be prepared to give false evidence. I realise that they may not like you and it may be good to have you out of the way but we all meet with people we dislike and we don't pervert the course of justice to get rid of them.
The way to run this is to argue it is all a terrible mistake. The CCTV gives rise to suspicion but doesn't prove it incontrovertibly. Witnesses are much more likely to agree with you if you put mistake rather than lies and it is an easier compromise fact finder.
There are cases where that just won't work but this isn't one of them.
Jo C., Barrister
Category: Law
Satisfied Customers: 69529
Experience: Over 5 years in practice
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Customer: replied 1 year ago.

finally as the cctv is only incriminating evidence but i have an explanation it is seen my hand goes into my pocket often but i have proof to back myself up reason and grounds of which i obtain medical documents to prove my explanation to be fact, would this help my case?

Expert:  Jo C. replied 1 year ago.
What medical reason causes you to put your hand in your pocket?
Customer: replied 1 year ago.

My mother is a stroke patient and as was in hospital the whole time from which this all occured even before, I was next of kin and had responsiblity and I had my phone on shopfloor and as i find it difficult to check my phone because of ASDA policy i only put my hand in my pocket to check as my phone is on vibrate and i had pointed this out as on cctv and even on two occasion i show my hand empty going into my pocket so i want to as i have my mother medical letters and discharge paper and so on, would this help my case?

Expert:  Jo C. replied 1 year ago.
If that is your defence then you will have to raise it.
It wouldn't be a bad idea to introduce it really.

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