Reply To: Defence in a Fraud Prosecution

#9135
peterdelamothe
Keymaster

The two issues are completely seperate. There are far higher standards of proof in the criminal case but even if a jury / Court accepted the defence you can proceed on civil action. In other words, if you fail to get a criminal conviction, it does not mean the accused did not do it, merely that you did not PROVE it sufficiently to meet the burden on you.

Naturally, a decision in the criminal courts is persuasive in the civil and at a Tribunal but more than once in my experience a Tribunal (and a Review Board) has ignored the criminal courts and reached a different conclusion on the evidence before it – which may of course be different.

So, nope, your decision will not change – it is all a question of evidential proof.