Character Reference worth anything?

[jedimistress]

Is it worth getting a character referee to appear in court? Would it make any difference for someone to stand up and say how wonderful I am? Does it make a difference to the magistrates findings or to the sentence, or to both.

I just don't want to waste anyones time. My crime is having a dog off a lead.

[Dassie]

For that crime I don't think it will make any difference. It's not exactly going to be the difference between a jail sentence or a fine is it now!

[jedimistress]

So I gather it's mainly for the sentencing, not the magistrates decision?

[Dassie]

I would say so. Lets say If you were to shoot someone then you might have your sentenced reduced from life to say 20yrs if someone acted as a character witness and stated this was the first time.......totally out of character....you normally help people at the old age home instead of killing them etc etc.

[Dassie]

I meant to add that the crime has been committed either way so you are guilty. It's not as if you're character witness will change the verdict!

[jedimistress]

So it's for sentencing then. That would make sense.

I'm not guilty. I meant to say my alleged crime / charge, not crime.

[Dassie]

Well if you are not guilty, then you don't need a character witness do you, you just need to have the facts at hand and any WITNESSES to the incident who can validate your side of the story.

[jedimistress]

To be honest I am going to make a submission of no case to answer. I doubt the magistrates will amend the disambiguation to affirmative defence in this case.

Thanks for your interest.

[New Judge]

Do you live in England?

If so, what does "...the disambiguation to affirmative defence in this case." mean?

The magistrates will only rule that there is no case to answer (and thus make it unecssary for you to provide a defence) if they believe there is insufficient evidence (taken at its highest level as presented by the prosecution) to support a conviction.

[bednobs]

i cant believe this is still going on jedimistress! Poor you.

[jedimistress]

Yes I am aware of that, that is why I will be making the submission. They normally continue with the hearing anyway, but it is my right to request it and my solicitor friend has advised me to do that.

I would actually prefer the magistrates to complete the hearing so that I can get everything out and win on the case merits, rather than to just turn up and go home again. I want to be heard, which is probably the reason this court case has come about.

It is the switching of Burden of Proof from the prosecution to the defendant.