Witness criminal record

[vvnn8]

Can a witness who have more than 10+ criminal record (drugs and weapons) give a valid testimony about and other case and be believed?

Must his/her criminal record be mentioned by the defense to reduce credibility in front of jury?

Thank you

[Rights Fighter]

Depends on whether any convictions relate to honesty. People in prison often give evidence for either sid....

[vvnn8]

Depends on whether any convictions relate to honesty. People in prison often give evidence for either sid....

He is lying saying the defendant says something to him that he did not say. He say that to clean his ass.
I think a person who passes half of his her life breaking the laws cannot be believed at all......

[Rights Fighter]

Breaking the law is one thing but if they are honest enough to admit what they did first off, then that would go to credibility. Try to find a way to disprove what he says

[vvnn8]

Thans for your comment

I ll try to find it.

I posted an other Thread and would like to have you opinion if its posible.

Thanks

[Casehardened]

I posted an other Thread and would like to have you opinion if its posible.

Do mean the 'Video Evidence' thread that you wanted 'editing'? If so, as you didn't say what you wanted editing, I deleted the whole thread.

It is difficult for members to keep track of your various threads especially as you requested that your introductory one be deleted; it is better that you keep all your posts in one thread (it is possible for you to edit your own posts in the first 20 minutes after posting should you want to alter anything)

[letmein]

Previous Convictions

Hi,

Thats an interesting point I wonder how previous convictions would work. Say if you were convicted of either Drugs / Benefit Fraud / Theft and you admitted to it at the earliest opportunity would that work against you?

Also say if you were cautioned / arrested but no charged / Arrested charged then dropped can they use this against you?


RF and Casehardened any thoughts on this matter?

Regards


Gary

[Rights Fighter]

If you refer to the record of the defendant then that can sometimes be put to the jury depending on circumstances, what it was, how long ago etc.

I was answering the previous poster who seemed to be asking about a witness for the prosecution.

[Rights Fighter]

Thans for your comment

I ll try to find it.

I posted an other Thread and would like to have you opinion if its posible.

Thanks

I am out of the country at the moment and have limited internet access. If you keep to one thread then maybe some of us wouldn't have to spend time going from one to the other..... Just a thought .....

[vvnn8]

Thanks for reply to all.
Sorry about differents Thread. Im new here and does not know how work. Btw you are right, i will expose here.

Situation of my friend is:
Two foreign students outside UK, meet in a club with their friends. Don´t know each other before.
Dance, drink and spend all night together (CCTV shows)
Then girl group invite guys to their hotel.
Here the two young students go to different room to stay alone, both drunk, kisses and touches( digitally penetration and she touches penis, ejaculation of men) before go bed and have vaginal sex.
During this, no intentionally penetrates anus and cause of position in the bed both go to floor. This was so embarrassing situation, girl react crying.
Friend of girl come to room and did not be alarmed. He scared of situation, leaves accompanied the girl with her friend and leaves cause his friends told him to go.

He then say wanna go back, was upset and (communicates with words in the car and calling and texting after friends leave him at his hotel) He does not have any contact of girls.
People who slept at hotel call police telling about "situation". Police went, girl said been raped vaginal and anus.
DNA of course is and semen will also be cause of first ejaculation.
He was accused of False allegation and say all was consensual and an accident happen. He no intentionally penetrates anus and felt embarrassed.
Was charge with 2 charges rape woman and massive bailed conditions what he make him severe depression, visiting the psychologist..

Statement--> First she said: No consent nothing, even going to the room. Day after say: Consent kisses and touches then no consent vaginal and anal and say was "vomiting" during defendant penetrates her. Which is a lie too. She goes back to her own country. Which is outside Europe.

Witness:
One "friend" of him is a witness prosecution cause he have more than 15 criminal records and "name changed" and we think he want clean her ass to not be charged(if he could be) after leave him in the hotel. Very contradictory statement than the girls.
In the other hand, All of the girls friends (two) tell true, say no rape took place, describe situation as normal.
All witness say: All people was drunk, 2 girls were interested in the man accused, and when first girl entry in room say all good (including witness prosecution friend which is contradictorily with his statement)
I'm afraid for his situation!

[Casehardened]

Thanks for summarizing the situation on this one thread, that's very helpful.

I believe you mentioned that your friend has already made an appearance in court; has a date been set for his trial?

All of the girls friends (two) tell true, say no rape took place, describe situation as normal.
All witness say: All people was drunk, 2 girls were interested in the man accused, and when first girl entry in room say all good (including witness prosecution friend which is contradictorily with his statement)

The girl's friends evidence will be important to prove that he and the girl entered the hotel room consensually (though obviously what the girl told her friends immediately after the alleged incident is also important!) hopefully his solicitor will have a copy of their statements for the barrister to use in court.

Would you know which firm of solicitors & which barrister he is using?

[vvnn8]

Thanks for summarizing the situation on this one thread, that's very helpful.

I believe you mentioned that your friend has already made an appearance in court; has a date been set for his trial?



The girl's friends evidence will be important to prove that he and the girl entered the hotel room consensually (though obviously what the girl told her friends immediately after the alleged incident is also important!) hopefully his solicitor will have a copy of their statements for the barrister to use in court.

Would you know which firm of solicitors & which barrister he is using?

Hi Caseherdened and thank you.

Trial is after summer so its several months to make solid defense.
Yes Barrister have a copy of all statements, btw the girl told she entry consensually to the room and then regret consent after touches and kisses.

Sorry. I don't know which firm is, but solicitor say we have a case..If a girl invite you, then goes alone with you, kiss etc at late in the night we suppose she don´t want to take coffee. My friend had her consent and belief strongly had the consent which it´s is what the law says.

[letmein]

If you refer to the record of the defendant then that can sometimes be put to the jury depending on circumstances, what it was, how long ago etc.

I was answering the previous poster who seemed to be asking about a witness for the prosecution.

Hi RF

Yes I was no talking about the point of perspective from a Defendant's point of view

(1) say it was in 2007 or 2008 conviction or cautioned Drug / Theft

(2) Also assume a person gets arrested but charges are not brought due to insufficient evidence can they bring against him / her

(3) Or say if its not in the public interest can they use that against him for Drugs / Theft?

Can they use the above against him / her

Regards


Gary

[Rights Fighter]

If it is irrelevant (not a sexual conviction) then it's usually down to the defence counsel to make the decision, unless it relates to "honesty" = credibility, in which case the prosecution may ask the judge for the previous to be put to the jury and a bad character direction can then be given. This would relate to propensity to commit the current offences alleged also going to lack of credibility.

Often previous will be put without pros asking for it, so the defence can then ask for a 'modified good character direction' to be given. One of the grounds that helped Redscouse win his appeal was the lack of such a direction or even legal discussion about it.

[vvnn8]

Thanks to answer the question RF.

Awaiting for some more advices about the case.
It have any benefit (for jury view) that both are foreign young students who come here for holidays and had a
drunk party ended bad?

Regards.