Criminal Damage

[Headteacher89]

I have been accused of criminal damage to a car...if I was guilty what would happen ? I have no previous convictions but the person alleging the incident had me cautioned for harrassment...it sounds ridiculous and almost lies...but was based solely on e-mails and telephone calls....so absolutely nothing vicious or nasty...now worrying that she made this harrassment thing stick...what could happen to me ?

[Headteacher89]

Ok I understand...but given the past situations I want to know worse case scenario....because I don't believe anything should have meant I was here ....lets that I was guilty what could happen ?

[humpy07]

Is it me, or does this whole scenario sound a bit absurd? Also, I'd be a bit concerned about my children attending a school, where the headteacher is stupid enough to get arrested once for harassment, let alone twice.

Have we had an honest answer about whether Criminal Damage has been committed? It seems that Headteacher89 is overly concerned about the punishment for committing the offence. As a headteacher, he should be a pillar of the community, and surely without evidence his word should have more weight than that of his ex girlfriend?

[humpy07]

What could happen to you - as correctly stated by

Maximum when tried on indictment >£5,000: 10 years
Maximum when tried summarily>£5,000: Level 5 fine and/or 6 months
Triable only summarily < £5,000: Maximum penalty: Level 4 fine and/or 3 months

A level 4 fine is £2500 and level 5 is £5000

[brenda]

humpy -- have worked with enough headteachers to realise that most of them are total tw8ts when it comes to the area of human relationships.Yes know what they should be -- pillar of society and all that -- but not in reality.

[ABerrant]

It may have been beneficial in regard of the details of your issue if you had referenced your previous thread...

http://www.theanswerb...l/Question850643.html

[puternut]

Am I being ultra thick here (probably) but as I underdtand you sent an e-mail which she claims she didnt get because the address was dead.

You then sent another message - to the same address - and not only is she saying she got it but is using it as a basis for her case against you???

Surely this doesn't add up

[dh001]

Puternut, it is somewhat confusing how the situation has been described (sorry headteacher), and the issues regarding the emailing, in particular the reason for sending the emails, even soon after an official police caution for harrassment.

Headteacher, I am afraid you do not come across as being innocent to the allegation of crim dam to your ex-partners vehicle and you certainly have the motive. On the face of it, you are engaging in a dangerous game, one that you will not win. The police officer has disclosed that your ex has evidence of the offence which they are prepared to run with and I can not help thinking that the police will run circles around you in any formal interviews. As stated several times, you need legal advice.

I wont go on but this situation is aggravated by it being a domestic violence related incident and you are in whats known as a 'notifiable occupation'. (search google etc).

[Headteacher89]

thanks dh1 I understand your point...and to be frank yesterday I was all over the place...what I wanted to know was what is the likely outcome if I were found guilty. The previous information ref e-mails in a sense may well be irrelevant..it was a small tin of varnish pured on the bonnet and windscreen

[ummmm]

Did you do it? What evidence do they have?

[Headteacher89]

Don't know what evidence they have...I poured a small tin of varnish on the car bonnet and windscreen
Yes I know I should be a pillar etc...I am utterly ashamed etc etc...I have never ever been involved in anything similar and couldn't conceive of a time when I would be....however I was seeking to know/understand what would/could happen...and was appalling at explaining myself yesterday.

[ummmm]

You started off saying that you were not guilty and it's took 31 answers for you to admit that you are guilty of criminal damage.

[jackthehat]

You denied that you 'were' guilty of Criminal Damage yesterday..........that's not being 'appalling' at explaining yourself, that's called lying !

Man up, admit you did it, throw yourself on her mercy and offer to pay for the damage. This may, only may, mitigate your actions.
However, irrational and nasty behaviour like this does not reflect well on your character.

[Headteacher89]

I am and was stupid in my actions...I appreciate that...I guess I was in denial about my guilt..there are no excuses...just want to understand what is likely to happen

[ummmm]

From my experience you will be fined, ordered to pay for the damage, court costs etc....maybe community service.

[humpy07]

As above - if the damage is valued at under £5,000.00 you will be dealt with by the magistrates - you can expect a fine up to £2,5000.00 and / or 3 months in prison. However, the magistrates will frown on you on this occasion, given your profession and previous caution for harassing the same person whose car you damaged.

Sorry, but I wouldn't look at being a Headteacher for much longer either, once the Board of Governors / GTC get wind of this!

[ummmm]

Well the bloke who kicked my door off it's hinges (nothing to do with me) while my kids and I were in the house had to pay for the damage...never did!!! got fined £250 and given a 12 month suspended sentence.

[Headteacher89]

Have spoken online with a barrister who says that he considers a conditional caution is likely as it guarantees that the damage is paid for...any experience of this ?

[humpy07]

I think you really need to book an appointment with a Solicitor. Did you tell this 'Barrister' the whole truth, and nothing but the truth?