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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71156
Experience:  Over 5 years in practice
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I am being accused of fraudulently ordering mobile phones via

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I am being accused of fraudulently ordering mobile phones via telephone and the evidence they have is my voice I find this bizarre! What shall I do?
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 3 years ago.

Basically this is the whole situation.

Two co accused and I have been arrested. Now fraud has been happening where mobile phones are being delivered and crook courier drivers have been giving people the, mobile phones. However allegedly 14 phones came to my house

Now I denied this and they said sim cards were traced in my house and they found nothing. Now they said did you order any phones I denied this, what if they think my voice is on the ordering of the mobile phones, I really believe this is insufficient to make a jury believe beyond unreasonable doubt surely the law isn’t this silly

If im found guilty of simply accepting 14 mobile phones to my house with the value being £6,000 what is the sentencine for this I saw the guidelines and it says high level community order?

Are they going to be able to prove they were delivered?
Should be simple enough?
Customer: replied 3 years ago.
How can they prove delivery? No phones nothing in my name so why are they blaming me? I asked the same question to them
Well, for instance, they could get evidence from the company that delivered.
Or possibly recorded delivery.
Or a statement from the post man.
There isn't usually any problem with proving delivery.
If you live at the address and they have a voice recognition issue there is a case to answer Im afraid.
Customer: replied 3 years ago.
How strong is voice recognition and what are the defended to this?
It is an expert issue and so a question of opinion. You can instruct another expert but if it is going to be your voice then that would be fairly fruitless.
Experts can be very good or very bad. A good one is pretty difficult to challenge.
Customer: replied 3 years ago.
So then the jury will believe his word over mine? Further more of 6,000 worth of goods came to my house what so the sentence
It depends.
If the expert is credible then it is a useful piece of evidence for the Crown.
The sentence depends. What is the nature of the fraud that they allege?
I will be happy to continue with this but please leave feedback for my answer.
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.
Ok how often is voice reconciliation used and in your experience for what cases has it be used for?
They wouldn't do it for summary only offences generally.
This is a fairly serious offence though and they probably would if the case turns upon it.
Customer: replied 3 years ago.
But if I deny my voice and experts say it's me how do I prove innocence surely this is not string to convict no way I have seen cases where evidence has been thrown out so if expert says its me then it's me then? Simple as that?
If the expert says it is you then you can seek prior authority for your own expert. If he says it is you then you don't serve the report. If he says it isn't then you can produce him to give evidence and the jury will decide who they believe.
If it comes down to an expert who is categorical that your voice is the voice on the tape and you deny it then that very definitely is strong enough to convict I'm afraid.
Customer: replied 3 years ago.
I haven't been charged and I'm on 4 month bail 3 months passed how do I know if they will use voice recording? Will they ask me a defence?
Also how can a sentence get suspended I'm a law grad starting a business this is just crazy
Also what is custody lengtt on conspiracy to defraud?
If this is a conspiracy to defraud to the tune of £6,000 then I would brace yourself for custody. It is possible that you could get a suspended sentence but it would by the skin of your teeth unfortunately. If they can prove this, it is organised crime.
It might well be charged as simple fraud which would reduce the sentencing options.
Customer: replied 3 years ago.
Length of custody is how long? Also others have been accused my house had 14 co accused 20 and third is 34 so each get sentenced to there role in this?
They need to find out who obtained the information and details which they can't so how does it complete the conspiracy? Every crime as a suspect y is every crime not punished? Surely address and voice recognition isn't enoufh or do you disagree?
Customer: replied 3 years ago.

futhermore how do they test voice recondition? do they have a method for this like a ID procedure is there something for voice analysis?

It is an expert issue and so a question of opinion. You can instruct another expert but if it is going to be your voice then that would be fairly fruitless.
Yes, I do disagree. Voice recognition can indeed be enough for the reasons above.
In any event, it isn't just voice recognition here.
Customer: replied 3 years ago.
It's not a dna print though it's not 90% accurate I have reports to suggest it is only 80% accurate
Those reports are wrong.
it is an issue of expert evidence so percentages do not arise.
Customer: replied 3 years ago.
The report was from Stanford university PhD professors
Furthermore how many cases have you experienced with voice reconciliation?
Also I have 6 weeks left can I not go to the police and prove my innocence to them so bail can be dropped or do I have to wait?
I wouldn't know a number offhand.
Whichever reports you are reading are wrong for the reasons above.
You can produce any evidence that you have that proves you could not have committed this offence at any time.
Customer: replied 3 years ago.
But they have no evidence on me though? They raided my house took All my belongings and gave them back so why is the bail so long I don't understand this
I think they probably do have evidence. They have evidence to the effect that the phones were delivered to your address and they are saying that they have your voice placing an order. That is not having no evidence.
Customer: replied 3 years ago.
No nothing mentioned about my voice. Wing recorded it is me being paranoid only thing they said is my address has been used no voice evidence , so why 4 month nails I don't understand
I would imagine they are investigating.
Customer: replied 3 years ago.
I was told e forensic takes time but I got it all back in one week
In that case they almost certainly didn't forensically examine it.
Customer: replied 3 years ago.
Exactly so I dont k kW what they are doing then for four months! No I'd parade no voice identification nothing they haven't charged me because there is not enough evidence i don't know what they are playing at!
In regards ***** ***** on phones they seize and hold original exhibit right?
No, not necessarily but they will usually.
Customer: replied 3 years ago.
Ok, well before returning it would they not have questioned me on new evidence ?
No, not normally.
Customer: replied 3 years ago.
So when do they question on new evidence?
I think you would need to ask another question to pursue this as I'm afraid this question has outgrown it's original value.