– Probability of conviction in the system
The RBPF is well known for investigations and professionalism –other than the length of time it takes for cases to be heard, convictions are usually likely with some persons pleading guilty not to waste court time.
Due to the length of time that takes to conclude cases, some victims become disenchanted and decide to no longer pursue the matter- Depending on the complaint, if no evidence is provided by the complainant, the accused could be eventually released for want of prosecution.
– What to expect at the end of the case?
Depending on the peculiar circumstances, a person may be liable to a prison term, fine or both. In some instances, first time offenders are given community service and time based bonds to stay away from victims.
– Potential length of a case
The average length of time to decide a case, especially if it is indictable and decided by trial of jury greatly varies, can be between an average of two to seven years. However, there are matters which have gone beyond ten years before being decided. If the matter is a simple summary offence, with a guilty plea the adjudication is much shorter. Also, to be taken into consideration are the time-wasting tactics which can be employed by defense attorneys to frustrate complainants.
– Is there a favorable case in the country?
With regard to Computer Misuse, there is the case of the Commissioner of Police v. Yarde et al., of 2007, where the defendant was in a relationship with the virtual complainant, during which time intimate photographs were taken. When the relationship ended, the images came into the public domain, resulting in the defendant and others being charged for disseminating the images online.
The common law case of Therese Ho v. Lendl Simmons. The plaintiff sued the defendant for breach of confidence, arising from his publishing of intimate photographs of them both to several persons, which subsequently went viral. The defendant was found liable for his breach of the Plaintiff’s confidence. The plaintiff was granted an injunction against further dissemination of the images, damages in the sum of TT$ 150,000.00 and costs.