Hi, falsely accused & stuck

[canis]

Hi people,

I am from London but I was convicted of voyeurism in Liverpool where I went to uni. A candid camera style surprise went wrong, my girlfriend's friend was captured walking into the room with towel on her. I informed my girlfriend immediately, the clip was deleted at once considering the dangerous content it might hold (both my girlfriend and I checked if the camera was still recording and we noticed the girl walking in with the towel). I have no idea of what existed in that clip until I was shown the clip by the barrister days after my case went to crown court. I pleaded not guilty and maintain that until this very moment. I understand I was stupid in placing the camera but I did not hide it. it was on the open shelf. very much straightly in sight of the victim. nearly one and half years later on christmas 2011, I found this video clip has been retrieved from the camera memory card and was on one of my housemate's laptop along with many of my personal and family photos and videos. I called the police to report this but things went horribly wrong as the police will not listen to me and they arrested me. I went to crown court and I fought for myself as my defence barrister and solicitor thought I would be better off pleading guilty and did not object to any of the accusation that the crown prosecution made against me. I insisted on the expert analysis of the seized laptop and they found professional data recovery software along with copies from failed attempt to copy that clip. I have no hesitation to discuss the case in detail if required but I am just a bit ashamed and shy to talk out everything on a public forum. I have been convicted and sentenced with community order with name put on sex offender's register for 5 yrs. Though it is not custodial, i risk losing all that i earned and worked hard for and face deportation and hence separation from the love of my life. Help me please! Save my soul!

[Casehardened]

Hi,

With respect, the offence will relate to the making of the image rather than retrieval of the deleted image.

I can understand you being aggrieved at the fact that the prosecution has occurred as a result of your housemate digging out the deleted clip and presumably publishing it on the net but really this is between you and him.

The police and CPS have an interest in who originally made the image and as you admitted it was yourself, in my opinion the conviction was fair.

Presumably you put forward the fact that you deleted the image (but obviously not securely!) in mitigation before sentence was passed?

[canis]

Hi,

With respect, the offence will relate to the making of the image rather than retrieval of the deleted image.

I can understand you being aggrieved at the fact that the prosecution has occurred as a result of your housemate digging out the deleted clip and presumably publishing it on the net but really this is between you and him.

The police and CPS have an interest in who originally made the image and as you admitted it was yourself, in my opinion the conviction was fair.

Presumably you put forward the fact that you deleted the image (but obviously not securely!) in mitigation before sentence was passed?

Thanks a lot for your opinion Casehardened!

I confirm the clip did not make it to the internet as I was hell-bent on the Police seizing his laptop.

Won't they examine the intention thoroughly and the likelyhood of a person with a good character to commit such an offence. I understand that the charges were made because I originally made the clip. But the circumstancial evidences indicated there was no sexual element or gratification involved. I am not against anyone but to be on sex offender's register when I dont have any malicious intent is heart breaking and depressing. I am one step closer to giving up my belief in the society.

[Casehardened]

Hi again,

That the image wasn't published (i.e. on the net) should have been another factor for mitigation
but the offence is making a image without the subject's knowledge and presumably the legal arguments in court hinged around whether this was done intentionally or not.

I completely agree that the implications of the SOR far outweigh the actual sentence but I'm only aware of one forum member whose sentence was not accompanied by having to sign this.

I fear then your only recourse is to appeal against the conviction and to do this you would need to find a solicitor who would prepare a 'leave to appeal' application on your behalf.

At least the SOR is for a definite time span.

EDIT to add that I have just read your other posts and I am pleased to note you have already contacted Gerry regarding an appeal

[canis]

Hi Casehardened, I want to appeal against the conviction & sentence but it is looking to be an expensive affair as most of the solicitors I met are privately funded and others says I don't qualify for legal aid since I have crossed the 28 days deadline.

If I cannot afford it, I am afraid I will not be able to carry on with the appeal. I am not from UK and I may be deported if I lose my job as a result of this conviction. I know it takes 5 years for the conviction to be spent.

Questions:

1. Does this mean I have to finish the community order AND sign on SOR for 5 yrs?

2. Can I leave the UK once I lose my job and then visit annually to sign the register? (is this possible?) I don't find a point in staying back in UK without a job. or does it become spent if I finish off the community hours asap even if I don't sign on the SOR for 5 years? (in case I am not granted tourist visa again for the purpose of signing the SOR every year).

I am sorry for asking too many questions. but googling din't give the specific answers.

TIA.

[Casehardened]

Hi Canis,

I am afraid that signing the SOR is very onerous, a previous member used to say it was far worse than the sentence and he got 4 years IMRC

It's rather like being on probation, you have to visit your local police station weekly and have to notify them if you leave your registered address for any reason; I believe now you can only travel abroad with permission.

Any transgression will result in a recall to jail, or possibly in your case CS.

Will you definitely loose your job, have you talked to your employer? Obviously the SOR precludes you from a job where you are in regular contact with children or vulnerable adults, but otherwise your employer may well be sympathetic especially if you are a good worker; after all it is hardly the crime of the century (especially as it wasn't deliberate!)

Without checking, I would say 100% that an annual signing would not be acceptable, after all the purpose is to keep tabs on you! If you left the country without permission, I doubt that Interpol would be called in to track you down, as I said your offence is well down the scale, however your passport details will be already logged so you may well be arrested if you then later returned.

A few details here: http://www.unlock.org.uk/xoffenders.aspx?sid=125

So sorry that I couldn't give you better news

[canis]

Thanks for the advice CH!! information is wealth. With all due respect, my intention was not to leave the country without permission. I read in the SOR notification requirements that if someone plans to travel to the UK but does not know when or where he/she is going to return, then he/she should register with the UK police within 3 days of return to the UK. I was actually asking the question based on this information!

My job does not involve any direct contact with women or kids but my employer is very cautious about such a conviction bringing them disrepute!

I am still planning to finish my CS as early as possible. So at least if I had to leave the country, I wont be leaving with an outstanding sentence.

Thanks
Canis

[Casehardened]

You may have found more information than I did, but do check that it is up to date as the regulations were revised (and tightened) in August 2012.

[Casehardened]

Canis, I've just moved your posts to a more appropriate section as more members may then see it.

[just married]

canis, sorry to read about this.
definite case of using a steamroller to crack a nut.
wishing you all the best...