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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69366
Experience:  Over 5 years in practice.
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criminal law answer

Customer Question

criminal law answer
Submitted: 3 years ago.
Category: Traffic Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. i will try to help with this.

What is your question?
Customer: replied 3 years ago.

hi

 

my question is on fare evasion, are you familier in that area. my wife had used my oyster student card by mistake, she was charged with fare evasion. she plead not guilt and has a court on the 7th of Feb. what would be a good defense strategy and what are the chances of not being found guilty or Not guilty

 

Customer: replied 3 years ago.

 


my question is on fare evasion, are you familier in that area. my wife had used my oyster student card by mistake, she was charged with fare evasion. she plead not guilt and has a court on the 7th of Feb. what would be a good defense strategy and what are the chances of not being found guilty or Not guilty

Expert:  Jo C. replied 3 years ago.
How did she come to use it by mistake?
Customer: replied 3 years ago.

She was working a night shift, she simply grabbed the TFL black card wallet where you can only see the back of the card, she didn't realize it was mine

Expert:  Jo C. replied 3 years ago.
Is she charged with fare evasion or summonsed for railway bye law offences?
Customer: replied 3 years ago.

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Expert:  Jo C. replied 3 years ago.

That is a Regulation of Railways offence. You will find the legislation here

http://www.legislation.gov.uk/ukpga/Vict/52-53/57/section/5

They do have to prove that she intended to avoid payment. Obviously the fact that she was using an Oyster card other than her own tends to suggest that she was but the court would look at the surrounding evidence.

The Crown will probably put this on the basis that student Oyster cards do bear both a name and a photocard which would clearly show that it didn't relate to her.

She will have to give evidence explaining that and her answer seems to be that she didn't examine it.

Whether she will be acquitted or not comes down really to how credible she is upon the point. The issue will be whether or not the Bench believe her.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.

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