There's Absolutely Nothing Wrong With Our Justice System


SLM
+6
#1  Top Rated Post
The forgotten 'nip-tipping' victim shocked at appeal attempt

TORONTO - Charles Hogan is the forgotten victim.
He was one of two passengers ejected from a car as Trevor Middleton used his pickup truck to run a group of Asian-Canadian anglers and their friends off a dark country road more than five years ago. Shayne Berwick was propelled through the windshield and left severely brain damaged. His pal was more fortunate. Hogan went through the rear window and landed in the chilly waters of Lake Simcoe.
“They say I flew 40 feet into the lake,” recalls Hogan, 27, who suffered injuries to his head, neck and spine, as well as hypothermia. “I was out cold. I remember my friend pounding on my chest. He said I was in the water, floating away.
“When he woke me up, I didn’t know where I was. All I kept saying was, ‘Where’s Shayne, where’s Shayne?’”
Berwick, now 28, has been the face of this senseless tragedy. The former apprentice electrician now has the mental capacity of a three-year-old and requires 24-hour care. But he’s not the only one who bears the scars from that September night.
In many ways, Hogan wishes that he was the one left with no memory. Instead, he remembers everything leading up to the racist attack and, more painfully, he recalls the healthy, vibrant person he used to be. “My life is so messed up. I can’t work, I can’t do the things I love to do anymore. I have no life,” he says.
And the man responsible? Middleton, a former motocross racer, was convicted in 2009 on two counts of criminal negligence causing bodily harm and four counts of aggravated assault and received a jail term of just two years less a day. While the Crown argued it was “manifestly unfit,” the Ontario Court of Appeal refused to increase his sentence.
The Georgina man got off easy — but not easy enough, it seems. Still not satisfied, he wants to appeal his conviction to the Supreme Court of Canada. A decision as to whether he’ll be given leave to argue his case is expected Thursday.
Middleton may get another chance at putting this all behind him. If only his victims were as lucky.
Hogan remains haunted by his role that night. It was his idea to head to the blue bridge at Mossington Park. “We were bored of playing poker,” he recalls. “I said, ‘Let’s go fishing, I know of a good place.’ To this day, I feel like it’s my fault.”
They were soon confronted by three truckloads of local hoodlums who demanded to see their fishing licences. Someone in the group had said, “We’re going nip-tipping” — referring to frequent attacks on Asian-Canadian anglers. Both Hogan and his friend Ruo Hang Liu, 24, were then pushed into the water.
A fight ensued and one of the locals was injured. The Toronto friends tried to take off — one car got away but the Honda Civic, with Liu driving and Berwick and Hogan in the back seat, was slammed 20 times before it careened off the road. “He says it’s not his fault, he was just trying to make a citizen’s arrest,” scoffs Hogan. “Well, if you were, you would have stayed there and waited for police.”
Instead, Middleton drove away and left Hogan in the water and Berwick broken and in a coma.
Now Hogan can’t believe the man who ruined two lives has the nerve to appeal his conviction. “The justice system is such a joke,” he complains bitterly. “It’s not fair. He gets to walk soon just because he didn’t have a criminal record? Because he did some community service hours? Is he going to do some community service for Shayne?”
Left with chronic back pain that cost him his longtime job with the City of Toronto, Hogan now subsists on painkillers and anger that he can’t play any of the sports he used to love. He’s gained 100 pounds, has endless money woes and is crippled by depression. Because of one man’s racist stupidity, he has lost so much — including his close friend.
“I can’t visit Shayne,” Hogan admits, choking back his tears. “It hurts too much.”


The forgotten 'nip-tipping' victim shocked at appeal attempt | Toronto & GTA | News | Toronto Sun


Two years less a day. And he has the nerve to appeal it. Vain, arrogant little racist dirtbag.
 
PoliticalNick
#2
I think a more fitting sentence would have been 50% of his earnings for life to care for those he injured and 8 hours a day, every day, for life caring for those he injured.
 
IdRatherBeSkiing
+3
#3
Can appeals increase sentences? I would love him to appeal and they turn it into 20 years.
 
SLM
+1
#4
Quote: Originally Posted by PoliticalNickView Post

I think a more fitting sentence would have been 50% of his earnings for life to care for those he injured and 8 hours a day, every day, for life caring for those he injured.

I'm sure the family of the young man with the severe ABI would appreciate the assistance.

Quote: Originally Posted by IdRatherBeSkiingView Post

Can appeals increase sentences? I would love him to appeal and they turn it into 20 years.

That would also be sweet.
 
Cliffy
+2
#5
The problem is, just because it is called a justice system doesn't mean it is. What we have is a self perpetrating law industry. They let real criminals back on the street so they can re-offend and be processed through the system again generating more revenue for lawyers and judges. Mean while, those convicted of minor crimes languish in jail to feed the prison system. The media and police make it sound like there is non stop violence in the streets so the people scream for more law and order to justify swelling the police ranks. The situation is beyond absurd and yet people are so scared they are willing to give up freedom for security that does not exist.
If you liked 1984, you'll love 2013.
 
CDNBear
#6
I know Trev, I know his dad. Neither impress me much, but the fact remains, the media has spun this into a BS nightmare from the get go.

No body acted intelligent in this case, nobody.

To paint Hogan and company like they didn't contribute to this idiocy, is pure BS.

I hope Trev gets his second day in Court, if only to see the truth come to light in the public eye. I equally hope the media would actually report on the facts and not the hype.
 
L Gilbert
#7
Quote: Originally Posted by SLMView Post

The forgotten 'nip-tipping' victim shocked at appeal attempt
The Georgina man got off easy — but not easy enough, it seems. Still not satisfied, he wants to appeal his conviction to the Supreme Court of Canada. A decision as to whether he’ll be given leave to argue his case is expected Thursday.

Idiot's pushing the river. The SC may very well upend the previous decisions and crucify the moron.

Now Hogan can’t believe the man who ruined two lives has the nerve to appeal his conviction. “The justice system is such a joke,” he complains bitterly. “It’s not fair. He gets to walk soon just because he didn’t have a criminal record? Because he did some community service hours? Is he going to do some community service for Shayne?”[/quote] The system isn't the problem. The problem is that people (including judges) abuse or misuse it.

Quote:

Left with chronic back pain that cost him his longtime job with the City of Toronto, Hogan now subsists on painkillers and anger that he can’t play any of the sports he used to love. He’s gained 100 pounds, has endless money woes and is crippled by depression. Because of one man’s racist stupidity, he has lost so much — including his close friend.
“I can’t visit Shayne,” Hogan admits, choking back his tears. “It hurts too much.”


The forgotten 'nip-tipping' victim shocked at appeal attempt | Toronto & GTA | News | Toronto Sun

Damned sad affair.


Quote:

Two years less a day. And he has the nerve to appeal it. Vain, arrogant little racist dirtbag.

<-- understatement.
 
CDNBear
+1
#8
Quote: Originally Posted by L GilbertView Post

The system isn't the problem. The problem is that people (including judges) abuse or misuse it.

Or maybe, as in this case, they're privy to details the media can not or will not publish.
 
L Gilbert
+1
#9
Quote: Originally Posted by CDNBearView Post

Or maybe, as in this case, they're privy to details the media can not or will not publish.

That's a possibility, too. Thought of that after I posted.
 
SLM
+1
#10
Quote: Originally Posted by CDNBearView Post

I know Trev, I know his dad. Neither impress me much, but the fact remains, the media has spun this into a BS nightmare from the get go.

No body acted intelligent in this case, nobody.

To paint Hogan and company like they didn't contribute to this idiocy, is pure BS.

I hope Trev gets his second day in Court, if only to see the truth come to light in the public eye. I equally hope the media would actually report on the facts and not the hype.

Regardless of how much blame you can assign to the other party in the basic altercation, he got two years less a day and given the injuries sustained by the other party, I'd say he should consider himself damned lucky.
 
CDNBear
#11
Quote: Originally Posted by SLMView Post

Regardless of how much blame you can assign to the other party in the basic altercation, he got two years less a day and given the injuries sustained by the other party, I'd say he should consider himself damned lucky.

If you pick a fight with me and bring a weapon, it shouldn't matter if you have to wait to pass it or have it surgically removed when I'm done with you.

That aside...

I think the sentence was fair, considering the results of his actions.

I'd just like to see some justice served on those that are equally culpable. Even if it's just on paper.
 
SLM
#12
Quote: Originally Posted by CDNBearView Post

If you pick a fight with me and bring a weapon, it shouldn't matter if you have to wait to pass it or have it surgically removed when I'm done with you.

I'm not dumb enough to pick a fight with you and even if I was, I handle my weapons admirably.

Quote:

That aside...

I think the sentence was fair, considering the results of his actions.

Fair meaning not worthy of further reduction? To the best of my knowledge, he rammed them from behind after giving chase. Now I don't know what went on prior to that but unless he had been severely brutalized I can see how what he did can be justified.

Quote:

I'd just like to see some justice served on those that are equally culpable. Even if it's just on paper.

I'm operating based on what has been reported. If there was culpability on the other side and it was negated/not presented in court, maybe there was a reason for that? I don't know.
 
CDNBear
#13
"Can't try the victim."
 
PoliticalNick
#14
Quote: Originally Posted by CDNBearView Post

I know Trev, I know his dad. Neither impress me much, but the fact remains, the media has spun this into a BS nightmare from the get go.

So the idiot didn't ram a car full of people 18 times and run it off the road on purpose?
Quote:

No body acted intelligent in this case, nobody.

Yep, those pesky 'nips' should have stayed there and taken their beatings like men instead of trying to get away from the situation.
Quote:

To paint Hogan and company like they didn't contribute to this idiocy, is pure BS.

Please do explain how they contributed?
Quote:

I hope Trev gets his second day in Court, if only to see the truth come to light in the public eye. I equally hope the media would actually report on the facts and not the hype.

I hope so too....I hope the SC overturns the sentence and gives him 10-20 years which is the minimum you should get for attempted murder using a vehicle with mitigating factors of racist, hate crimes.
Quote: Originally Posted by CDNBearView Post

If you pick a fight with me and bring a weapon, it shouldn't matter if you have to wait to pass it or have it surgically removed when I'm done with you.

Sure thing...if you can put it there with a .45 slug in your brain have at it.
Quote:

I think the sentence was fair, considering the results of his actions.

One person disabled for life requiring 24 hour care and another with chronic injuries for life not to mention the trauma to anyone else involved is only worth a deuce-less to you. You are one seriously f*cked-up individual. You do work in the court system? No wonder so many native kids are screwed-up. It ain;t the white man's fault it is morons like you that think a slap on the wrist and a stern warning is alo that is required.
Quote:

I'd just like to see some justice served on those that are equally culpable. Even if it's just on paper.

Just who else besides the idiot doing the ramming & running off the road is culpable. Are you gonna say the victims forced him to do it. Reason says the incident was over but he chose to continue it rather that go
the other way. There is no excuse! Nobody was in any imminent danger (other than the victims) so he is guilty as can be and should have the book tossed at him as the racist motherf*cker he is.

Quote: Originally Posted by SLMView Post

To the best of my knowledge, he rammed them from behind after giving chase. Now I don't know what went on prior to that but unless he had been severely brutalized I can see how what he did can be justified.

Even that doesn't justify it in our system or society. Once the other car left he had NO just cause to chase it or ram it under any circumstance other than protecting himself or others from imminent, life threatening danger which was obviously not the case.
 
SLM
#15
Well so much for that idea.

Supreme Court rejects 'nip-tipping' appeal - Crime - Canoe.ca
 
Nuggler
+1
#16
Quote: Originally Posted by CDNBearView Post

I know Trev, I know his dad. Neither impress me much, but the fact remains, the media has spun this into a BS nightmare from the get go.

No body acted intelligent in this case, nobody.

To paint Hogan and company like they didn't contribute to this idiocy, is pure BS.

I hope Trev gets his second day in Court, if only to see the truth come to light in the public eye. I equally hope the media would actually report on the facts and not the hype.


Media spinning stuff into a BS nightmare !!! Say it isn't so. Really hard to believe.

Happens allatime,

We had a murder in our swamp a few years ago and the "media" reported on the sorry state of the houses in the neighbourhood. They also had a semi retarded women say "sh it happens" on camera. Nice.
 
CDNBear
#17
Quote: Originally Posted by PoliticalNickView Post

Yep, those pesky 'nips' should have stayed there and taken their beatings like men instead of trying to get away from the situation.

There was only one Asian in the group.

Quote:

Please do explain how they contributed?

They assaulted a member of Trev's group.

Quote:

I hope so too....I hope the SC overturns the sentence and gives him 10-20 years which is the minimum you should get for attempted murder using a vehicle with mitigating factors of racist, hate crimes.

It comes as no surprise that you run on simple emotion and almost zero facts.

You share much in common with Trev.

Way to go.

Quote:

Sure thing...if you can put it there with a .45 slug in your brain have at it.

Yer such a tuffy.

Quote:

You are one seriously f*cked-up individual.

If by ****ed you mean informed, yes.

Quote:

You do work in the court system?

Some, which is why I make your posts look stupid when you start babbling about the law.

Quote:

It ain;t the white man's fault it is morons like you that think a slap on the wrist and a stern warning is alo that is required.

I don't think that about all offences. Only ones that that would be applicable too.

But then again, I rely on facts and clear thinking, you, not so much.

Quote:

Just who else besides the idiot doing the ramming & running off the road is culpable.

The other party to the conflict. If you had all the facts, you'd know that.

But don't let that stop you from embarrassing yourself.

Please.

Quote:

There is no excuse!

That's the first and only intelligent thing you've said.

I'm surprised you said it.

Quote:

Once the other car left he had NO just cause to chase it or ram it under any circumstance other than protecting himself or others from imminent, life threatening danger which was obviously not the case.

Was it?

Maybe you should turn off the comp for a while. Your prolonged melt down and continued tantrum is seriously hampering your cognitive skills.

Quote: Originally Posted by NugglerView Post

Media spinning stuff into a BS nightmare !!! Say it isn't so. Really hard to believe.

Happens allatime,

We had a murder in our swamp a few years ago and the "media" reported on the sorry state of the houses in the neighbourhood. They also had a semi retarded women say "sh it happens" on camera. Nice.

Don't tell me, tell PN, he seems to think he knows everything, he learned all that from the media.

Hence the idiotic posts. Well, that and his prolonged melt down and tantrum.
Last edited by CDNBear; Dec 14th, 2012 at 06:29 PM..
 
PoliticalNick
#18
Face it. Your buddy had no right or due authority to give chase and no right or authority to ram another vehicle. He should have had the book thrown at him and the key to his cell tossed away. I would have pushed for attempted murder because that is what it amounts to.
 
CDNBear
+3
#19
Quote: Originally Posted by PoliticalNickView Post

Face it. Your buddy...

Lets start with that stupid statement...

Quote: Originally Posted by CDNBearView Post

I know Trev, I know his dad. Neither impress me much...

I know you aren't very bright, so I'll break that down for you, so you might be able to understand it better.

I know Trev and his father. We live in a small town, it's not a big surprise. Neither impresses me. My buddies, impress me in some way.

I can understand how someone as emotional, violent and ignorant as yourself may not have the luxury of being picky about who they call buddy. But I don't have that problem.

Thus, he isn't my buddy.

Quote:

... had no right or due authority to give chase and no right or authority to ram another vehicle.

Again, I realize you aren't very bright, so I'll explain this...

Quote:

Quote: Originally Posted by PoliticalNickView Post

There is no excuse!

Quote: Originally Posted by CDNBearView Post

That's the first and only intelligent thing you've said.

Means that I agree with you.

Perhaps you should take my advice, shut off the comp, go outside get some fresh air, calm down.

When you're over your tantrum, finished your melt down and able to think as clear as you can possibly muster, come back and try again.

Quote:

He should have had the book thrown at him and the key to his cell tossed away.

Geez, you sound like those crazy law abusing cops you cry and whine about all the time.

Quote:

I would have pushed for attempted murder because that is what it amounts to.

No doubt. You've never struck me as someone that relies on facts.
 
PoliticalNick
#20
You seem to be confused. You agree he had no excuse for for his actions which resulted in maiming one person and destroying the life of another completely but you think the sentence he received of 2 years less a day was too severe. What would you have preferred? A few hours community service and a fine? Really, the punishment should have some reflection on the severity of the damage inflicted. That is why we have Vehicular Manslaughter charges instead of just DUI. A drunk smashes another car by accident and kills somebody and they get federal time (5 years or more), this guy all but kills someone (death would have been a blessing IMO) on purpose and you think his sentence is too harsh. You need to get a grip on reality. If he has no excuse and no right or lawful authority then he got off light and you should just accept that instead of making excuses for him. . I'm sure your feelings would be different if your little cooter or your wife was the one maimed and almost brain dead for life.
Last edited by Ron in Regina; Dec 15th, 2012 at 12:25 PM..Reason: Off-limits: Personal attacks, cursing, anything 18+, adult-themed comments. Follow the forum rules
 
CDNBear
+2
#21
Quote: Originally Posted by PoliticalNickView Post

You seem to be confused.

Nope, informed.

Given the grammar errors in your reply, I'd say it's more likely your emotions, running high during your little tantrum here, are getting the better of you.

Compounded by the fact that you aren't very bright, it would be safe to say, in all likelihood, you're projecting again, and you're confused yourself. Which of course is supported by the evidence you've supplied in this thread.

Quote:

You agree he had no excuse for for his actions which resulted in maiming one person and destroying the life of another completely but you think the sentence he received of 2 years less a day was too severe.

See, this is part of your problem, you can not follow along with the conversation when you're throwing one of your well documented tantrums.

Quote: Originally Posted by CDNBearView Post

I think the sentence was fair, considering the results of his actions.

Again I urge you to take my advice.

Quote:

Really, the punishment should have some reflection on the severity of the damage inflicted.

Tempered by mitigating circumstances, and other loses to the defendant.
Quote:

That is why we have Vehicular Manslaughter charges instead of just DUI. A drunk smashes another car by accident and kills somebody and they get federal time (5 years or more), this guy all but kills someone (death would have been a blessing IMO) on purpose and you think his sentence is too harsh.

Nope.

Quote: Originally Posted by CDNBearView Post

I think the sentence was fair, considering the results of his actions.

Quote:

You need to get a grip on reality.

The irony is palpable.

Quote:

If he has no excuse and no right or lawful authority then he got off light and you should just accept that instead of making excuses for him.

I made no excuses for him.

I said the sentence was fair given the circumstances and facts of the case.

I'm not surprised I had to explain that to you, even though it's already, all right there in my posts.

Quote:

All you have done in this thread is show yourself to be a bigger moron and a$$hole than I previously thought you were.

I'm sure you feel that is true, but it's far more likely your emotions, complete lack of knowledge and inability to think clearly, is impeding your judgment.

It's not as if this is the first time we've seen you succumb to that here.

Quote:

I'm sure your feelings would be different if your little cooter or your wife was the one maimed and almost brain dead for life.

The fact that it's "Kooter" and it's capitalized, because it's a noun, aside. My sons and my wife are far more intelligent and know better than to go out in the wee hours of the am, drunk, and poach for fish. Furthermore, my wife is quite well versed in the English language and capable of communicating with people. Like myself she doesn't have to resort to violence so easily. I'm sure that seems foreign to you. But it isn't foreign to my sons either. They are also quite capable of using their words, instead of their emotions and their hands in a situation where tempers are flared.

Perhaps if that was something you grasped, your posts wouldn't be filled with the idiotic tripe they're filled with, and you'd be more interested in gaining knowledge than reacting on your baser instincts.

It's unfortunate that evolution left some people behind.
Last edited by CDNBear; Dec 15th, 2012 at 08:16 AM..
 
Ron in Regina
+1
#22
Just skimmed the last handfulof posts in this Thread. Folks, when posting, just above
the little box you all type into is the following line:

Off-limits: Personal attacks, cursing, anything 18+, adult-themed comments. Follow the forum rules.

An example of this would be: "All you have done in this thread is show yourself
to be a bigger moron and a$$hole than I previously thought you were." etc...

Seriously. Really? I'm at a loss for words here.
 
CDNBear
#23
Quote: Originally Posted by Ron in ReginaView Post

Just skimmed the last handfulof posts in this Thread. Folks, when posting, just above
the little box you all type into is the following line:

Off-limits: Personal attacks, cursing, anything 18+, adult-themed comments. Follow the forum rules.

An example of this would be: "All you have done in this thread is show yourself
to be a bigger moron and a$$hole than I previously thought you were." etc...

Seriously. Really? I'm at a loss for words here.

I've come to expect nothing less from PN.
 
Ron in Regina
#24
Lets not do that. I edited it this time. I spank the next time.
 
CDNBear
+1
#25
Quote: Originally Posted by Ron in ReginaView Post

Lets not do that.

No arguments here.
 
captain morgan
+4
#26
Quote: Originally Posted by Ron in ReginaView Post

Lets not do that. I edited it this time. I spank the next time.


Gosh Ron, you always struck me as a pretty straight-laced guy... maybe even a little conservative in nature (NB: 'conservative' does not imply political stripe).

Oh well, I guess that everyone has their kink, why should you be any different?
Last edited by captain morgan; Dec 15th, 2012 at 12:53 PM..
 
shadowshiv
+1
#27
Quote: Originally Posted by IdRatherBeSkiingView Post

Can appeals increase sentences? I would love him to appeal and they turn it into 20 years.

Yes they can. The prosecution is in the midst of doing that with the scumwad hockey coach(Graham James) that molested Theo Fleury(amongst others) when he was a young teen.

It's amazing how often the justice system here in Canada turns justice inside out and makes it so the suspect becomes the victim and the victim is tossed aside.
 
SLM
+1
#28
Quote: Originally Posted by shadowshivView Post

Yes they can. The prosecution is in the midst of doing that with the scumwad hockey coach(Graham James) that molested Theo Fleury(amongst others) when he was a young teen.

It's amazing how often the justice system here in Canada turns justice inside out and makes it so the suspect becomes the victim and the victim is tossed aside.

Because victims don't have rights entrenched within the justice system; the accused does. Now I'm all for that part, innocent until proven guilty, we need checks and balances in our criminal justice system. But I can honestly see no reason why, upon conviction when a judge or jury has determined guilt beyond all reasonable doubt, that victim's right can not, at that point, kick in. Seems only fair, we have at that point done our due diligence in making sure we are fair and reasonable in assessing the guilt of the perpetrator. Wouldn't that be the perfect time to assess justice to the victims? Then maybe we wouldn't have such inconsistent sentencing.
 
PoliticalNick
#29
Quote: Originally Posted by Ron in ReginaView Post

Just skimmed the last handfulof posts in this Thread. Folks, when posting, just above
the little box you all type into is the following line:

Off-limits: Personal attacks, cursing, anything 18+, adult-themed comments. Follow the forum rules.

An example of this would be: "All you have done in this thread is show yourself
to be a bigger moron and a$$hole than I previously thought you were." etc...


Ahhh, so it is ok for Bear to imply I am the same as the perpetrator in this event or call me an idiot or stupid over & over but not ok for me to respond a little more directly with moron & a$$hole? That is just a little one-sided there Ron. In fact Bear is continually denigrating & demeaning to other posters here because he disagrees with or fails to understand their position yet I have never seen him reprimanded even once, what gives with that? I give back what he puts out only in a much more forward and direct manner and will continue to do so as long as you and the other mods give him a free pass on his disparaging, belittling, slanderous aspersions upon other members. If you choose to "spank" me over it then at least be fair and spank everyone who does the same thing including those who are the worst offenders but seem to have that 'get-out-of-jail-free' card from you and your bretheren.

Quote:

Seriously. Really? I'm at a loss for words here.

Maybe you have found a few now and would like to share them....
 
Ron in Regina
+1
#30
Really? Seriously....really?



I don't read everything here. I don't read even 1/2 of the stuff here. I don't read
the Threads that don't interest me unless there's a reported post. I don't even
pretend to claim that I do.

I skimmed the last couple of posts in that Thread. What I happened to see is what
I happened to see. I even qualified what That when I posted it...& you even quoted
that....

Sorry man, but I have a life offline too. I've been here more lately as I'm waiting for
something to happen in the real world that has allowed me more time at home lately.

That still doesn't mean that I read everything here, as I don't read everything here.
I don't read even 1/2 of the stuff here. I don't read the Threads that don't interest
me unless there's a reported post. I don't even pretend to claim that I do.

I don't keep little tiny scoreboards for every member to track all real &/or imagined
slights. Stat's & graghs & pie charts to make sure I see all emerging trends.

You Sir, you enjoy the rest of your day & Merry Christmas to you.
 

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