Random Law Question

[Johnnynz]

Quick question if anyone knows...

If you file charges agaisnt someone for destruction of property (kicking a car in this case) and drop said charges, can you go back to the Police weeks (maybe months) later and press charges for the same thing again?

A friend of mine is being blackmailed by someone saying they will go and repress charges they dropped earlier for very minor damage to a car during an altercation they had.

Sounds ridiculous to me.

Can anyone shed any light on this for me?

[madmike]

As far as i am aware no.

Once a claim like this has be actioned then dropped it is gone..

I think the police would take a dim view of this sort of playing around by someone like this.

Tell them to go give it a go..

[MercuryFree]

Double jeopardy only applies to judgements of the court, so unless he had been found not guilty in a court of that offence, he can technically still be charged and convicted of it.

But as mike says, the police may take a dim view.

Solution: Acquire evidence of the blackmail, then when/if they go back to the police, give the police said evidence and they'll find themselves charged with blackmail. Idiots.

[madmike]

 MercuryFree said:

Double jeopardy only applies to judgements of the court, so unless he had been found not guilty in a court of that offence, he can technically still be charged and convicted of it.

But as mike says, the police may take a dim view.

Solution: Acquire evidence of the blackmail, then when/if they go back to the police, give the police said evidence and they'll find themselves charged with blackmail. Idiots.

Very True,

My comment was more related to the view that would taken by the police if they tried to lay the complaint against the same person for a second time.

Just from experience i would say that they would be running very close to a charge of waisting police time.

[Johnnynz]

Yeah thats kind of the view I took on it to. I figured it was probably possible but any cop worth there salts would send said moron away with flea in ear over something as petty as one kick into a car that hardly even left a dent.

Its one of those situations where the person wanting to press charges is a sneaky rat bastard and my view is the "police officer" who dealt with it all (via phone I might add) was probably not even a Police officer.

[ReubenH]

I gotta say though, if some f*ck kicked my car, i'd not be happy at all, and likely press charges.

But it'd get it over and done with. The back and forthing, and the blackmail is not how you deal with that sort of thing, the guy sounds like a plonker.

[Treecrusher]

In New Zealand you don't "press charges". every charge is placed by the police. It's not like America where the cop asks "would you like to press charges sir?". The cops may ask if you would like them to take it further, or in this case sort it out amongst yourselves. this is for criminal charges though, probably something like willful damage. Other than the statute of limitations (I think 7 years) the cops could still charge your mate, but probably wouldn't especially if the other party has already said don't worry.

BUT, they could still take your friend to the disputes tribunal and claim for the cost to repair. (this is what I would do). The police wouldn't usually get involved in something trivial like this unless it escalated, especially a month or two down the track.

[Johnnynz]

The damage was repaired at the time by my mate, so no harm there.

Was a situation where both were in the wrong tbh.

Managed to track down the cop today (who did exist to my surprise) and basicaly said if the person came in again they would be told to get lost as in there eyes it was long since resolved.

Nice to see common sense lives in small doses around nz still.

[subieboy]

 Johnnynz said:

Nice to see common sense lives in small doses around nz still.

+ 1

[MercuryFree]

 Treecrusher said:

In New Zealand you don't "press charges". every charge is placed by the police.

Somewhat incorrect. Anyone is able to take anyone to court for anything, civil or criminal (except where legislation expressedly forbids it)

I can take you to court for the crime of assault personally if the cops are being useless about it, for example

[subieboy]

 MercuryFree']

[quote name='Treecrusher said:

In New Zealand you don't "press charges". every charge is placed by the police.

/quote]

Somewhat incorrect. Anyone is able to take anyone to court for anything, civil or criminal (except where legislation expressedly forbids it)

I can take you to court for the crime of assault personally if the cops are being useless about it, for example

Yep all you need to know is the correct part of the act to use and how to apply it...

[ODB]

a swift jab to the face would solve the problem of him going back to cops imo.