judgement on the past case in same allegations and circumstance

[sam]

hi if i could give an example with the transcript from the original case from past which has been decided in favour of defendant in the court that it is similar case to one that i am accused of it had already happened with many people and would it be helpful for me to proof that the accuser do this in anger when u the relationship breakup

[fighter]

are you referring to the same accuser having some previous allegations?

[sam]

different accuser and different case but same allegation with same grounds

[fighter]

oh okay. I think every case is tried on its own; with every factor contributing to that specific case put on trial. If what you suggested is done, then the court would have an easy job of just copying every decision/outcome just because same situation apply. There are cases that a woman is raped especially when the relationship was breaking down, it happened to a friend and she deserved justice for what the man did to her.

I think the transcript can help you identify things that will help you towards your case. It can only be useful if its the same accuser which can prove she maybe a serial accuser; accusing people because of relationship breakdown.

Let us see what other members have to say about your question.

[lawlessone2009]

Each and every case is treated individually. Two cases with startling similarities could result in different verdicts.

Rape allegations differ from motoring offences and similar where process is important. I am not saying there are not processes involved in the prosecution of rape but the technicalities which often result in a not guilty verdict with a motoring offence aren't quite as simple with a rape allegation. If of course that is what you are asking?

[Rights Fighter]

You cannot use a case at trial that relates to somebody completely different.

For instance, you can't say "the Daily Mail wrote and article about a case that is really similar to mine and the defendant was found not guilty. I want to use that as evidence in my case".

However, if, for instance, as in one case which was recently discussed on here, a music teacher was up for trial when somebody who worked for the Crown happened to overhear a conversation between the complainant and her father, where she told her father she would be taking him on holiday with the money she would make from "compensation". The trial was stopped and defendant acquitted by the judge.

I am sure that that will not be the only thing that went on but that was the basic reason for the trial being stopped. I have used it in arguments since.

But you can't use another case with different complainants, different defendants as "evidence". Only as an abuse of process argument, or similar, as in the above very rare example, I would think.

[lawlessone2009]

What RF said...

I tried to write that in another paragraph below the ones I wrote but I ended up taking up too many lines and confusing myself so felt it better to delete...

RF is a star and very articulate.

[Rights Fighter]

You wouldn't say that after I've had a bottle of dry white......

[RFLH]

she's right you know!!

[lawlessone2009]

Dry white... CIDER?

[Rights Fighter]

Wine hunnikins!!!