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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10401
Experience:  I have been practising for 30 years.
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The Local authority have issued a fixed penalty to my

Customer Question

The Local authority have issued a fixed penalty to my daughter Armelle, having searched a bin liner which was left in the street. My daughter did not leave the bin liner although a prescription was found in the liner with her name and address on it. (it seems likely this was put there accidentally by her sister) Armelle does not live with her sister and was not at present at her home on the day of the alleged offence. Does "Intent" have to be shown?
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
I might add that my daughter Armelle was with me at my homec50 miles away on the day of the alleged offence.
Expert:  F E Smith replied 1 year ago.

Unfortunately you are not an independent witness in respect of the alibi and therefore, it has not got that much credibility although we don’t know when it was actually put out, only when it was discovered. What other prove does she have that she was miles away on the day and time of the incident?

You say that it’s likely that it was put there accidentally by her sister. How do you know that? Would your daughter be prepared to put her sister forward as the culprit? She doesn’t have do, I’m just asking.

She doesn’t have to accept fixed penalty and he can plead not guilty in court if she wishes.

What else would you like to know about this?