Legal Question in Criminal Law in Australia
What happens if a victim disagrees with the police allegations against the accuse and decided to be a witness for the accuse. Can the case be withdrawn?
Asked on 8/18/14, 5:34 am
1 Answer from Attorneys
Ugur Nedim
Sydney Criminal Lawyers
The shirt answer is no. It is actually police who charge a defendant and not the victim. This means that the decision about whether to go ahead with the case is up to police, and in many cases the police will keep going with a case even if the victim disagrees with the police allegations. This is especially the situation in domestic violence cases. The best thing to do is to obtain a statement from the alleged victim and to send it to police together with a letter requesting the case to be dropped. Good lawyers will often get cases dropped by doing this.
Answered on 8/18/14, 6:20 pm
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