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Letter: Your say - Law has to be flexible.

Byline: Mrs Patricia van der Veer

ALTHOUGH it appears from the ECHO (March 6) that the bulk of public opinion is against the sentence given to the young offender who caused chronic injury to a police officer, I think it is good that the CPS managed to gain a criminal court conviction.

In order to obtain a conviction in a criminal case, the prosecution has to prove to the court that the criminal act happened "beyond a reasonable doubt" and that the criminal act was deliberate.

The reported facts state that although police witnesses stated that the accused "deliberately" ran the officer down, one witness stated that it was an accident. The statement of that one witness gives grounds for reasonable doubt.

Being qualified in criminal law, the CPS no doubt knew that a conviction on the greater charge was likely to fail.

Therefore the prosecution likely had no choice but to apply to have the case tried on the lesser more provable charge of dangerous driving, under which a conviction was indeed gained.

Mrs Patricia van der Veer, Wallasey
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Copyright 2007 Gale, Cengage Learning. All rights reserved.

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Title Annotation:Letters
Publication:Liverpool Echo (Liverpool, England)
Date:Mar 15, 2007
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