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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71140
Experience:  Over 5 years in practice
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The police have a digital image recovered from an external

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The police have a digital image recovered from an external hard drive that shows a photo of myself and then goes on to show me committing an offence in separate files, however the date shown on the file is incorrect, I was not at the place it took place on the date shown.
I believe the original files are unobtainable as they have broken the laptop which contained them.
How would this affect my defence?
Thank you for your question. My name is ***** ***** I will try to help with this.
What is your defence?
Customer: replied 2 years ago.
Currently not guilty and no comment on police interveiws, originally charged with voyeurism and indecent images of a child, the dates would obviously affect the second.
Was also originally charged with sexual assault of a child which has been dropped as it's untrue and the statment given by my accuser is full of mistakes and lies.
But what is your defence?
Or are you just putting them to proof? which is not a bad idea given the charges.
Customer: replied 2 years ago.
Just putting them to proof at the moment I believe, my solicitor is on holiday at the moment so I thought I'd get a second opinion.
Given the nature of the charges that is not a bad idea.
Recovery from computers just relies on so many things that could not go their way.
They can rely on copies of the original files but that is obviously better than them having the originals. If they cannot lay hands upon the originals then that is helpful.
In relation to the image they do have, it depends what it does show. It is rare that images alone are enough to prove an offence - usually there are some defences that they cannot disprove without other evidence to cover it. If it relates to the wrong dates for the charge then it probably would be disallowed unless it is sufficient to prove the offence of itself.
Can I clarify anything for you?
Customer: replied 2 years ago.
I am bailed to appear at the station on the 27th, was wondering if I should tell the investigating officer that his dates ate wrong?
The date shown on the footage I was not living at the house, my wife can verify this as her financial records show she was still receiving income support which she canceled when I returned to the house.Thank you for your response.
No, absolutely not. Just leave that to them to put right or not as the case may be. It is for the Crown to put their house in order not you to remind them which is especially important when putting them to proof.
Customer: replied 2 years ago.
Ok thank you,
That's cleared a few things up for me.
No problem and all the best.
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