Crime Miscarriages as well as Justice denied - We have all read about them - This thread is dedicated to both - From the Gangbangers who hit the streets and violates terms & conditions of release - For example - Not to be in possession of weapons - charged again with possession of weapons - Guns - and back on the streets within a day or 2 - To the people that Justice forgot and have been wrongfully convicted - We have many cases of both throughout the country - So post your stories and links if possible - and let the debate begin -
Crime Miscarriages as well as Justice denied
- Thread starter Goober
- Start date
I will begin http://www.cbc.ca/canada/montreal/story/2009/09/29/topey-conviction-0929.html If you shoot and hit 1 Officer - what else where you trying to do -
A man accused of shooting a Montreal police officer in 2007 has been acquitted of attempted murder, but was found guilty of lesser charges.
Daniel Topey was convicted of pointing a prohibited firearm at police officer and firing in the officer's direction.
Topey had no reaction as the verdict in his case was announced in a Quebec courtroom Tuesday morning.
In April 2007, police attempted to arrest Topey on drug-related charges as he was returning home from a fast-food restaurant in Montreal's Notre-Dame-de-Grace neighbourhood.
Topey ran into an alley and police officers gave chase. Quebec Court Judge Denis Lavergne ruled Topey fired twice in the alley. Officers shot back and Topey and police officer Nicolas Brazeau were both hit with bullets.
Crown attorneys decided to charge Topey with attempted murder after finding song lyrics in his apartment which read: "I want to kill a cop with my Glock." Glock is a brand of semi-automatic handguns. Topey denied he wrote the lyrics.
Crown attorney Anne-Marie Otis said she was satisfied with the verdict, even though the judge determined Topey did not have the specific intention to kill the officer.
"The judge has to be confident that what was in the head of the accused at that moment was to kill the police officer, Mr. Nicolas Brazeau. The judge didn't believe we proved it beyond a reasonable doubt," she said.
man accused of shooting a Montreal police officer in 2007 has been acquitted of attempted murder, but was found guilty of lesser charges.
A man accused of shooting a Montreal police officer in 2007 has been acquitted of attempted murder, but was found guilty of lesser charges.
Daniel Topey was convicted of pointing a prohibited firearm at police officer and firing in the officer's direction.
Topey had no reaction as the verdict in his case was announced in a Quebec courtroom Tuesday morning.
In April 2007, police attempted to arrest Topey on drug-related charges as he was returning home from a fast-food restaurant in Montreal's Notre-Dame-de-Grace neighbourhood.
Topey ran into an alley and police officers gave chase. Quebec Court Judge Denis Lavergne ruled Topey fired twice in the alley. Officers shot back and Topey and police officer Nicolas Brazeau were both hit with bullets.
Crown attorneys decided to charge Topey with attempted murder after finding song lyrics in his apartment which read: "I want to kill a cop with my Glock." Glock is a brand of semi-automatic handguns. Topey denied he wrote the lyrics.
Crown attorney Anne-Marie Otis said she was satisfied with the verdict, even though the judge determined Topey did not have the specific intention to kill the officer.
"The judge has to be confident that what was in the head of the accused at that moment was to kill the police officer, Mr. Nicolas Brazeau. The judge didn't believe we proved it beyond a reasonable doubt," she said.
man accused of shooting a Montreal police officer in 2007 has been acquitted of attempted murder, but was found guilty of lesser charges.
Well it seems that I am writing to myself - So here is another case - http://www.thestar.com/news/gta/article/703417
In my humble opinion - The sentence should have been life - high probability of multiple murders of innocent persons because of a fanatics belief system-
Crown prosecutors announced Wednesday they plan to appeal the sentence of convicted terrorist Saad Khalid, a member of the so-called Toronto 18 group that was allegedly plotting to detonate truck bombs in downtown Toronto.The 23-year-old Mississauga man pleaded guilty to intending to cause an explosion that was likely to cause serious bodily harm, death or damage to property, making him the first member of the group to admit the existence of a bomb plot.In early September, Khalid was sentenced by Superior Court Justice Bruce Durno to 14 years, but given credit for his three years and three months spent in pre-trial custody. That means his sentence amounts to an additional seven years behind bars, and the judge ordered he be eligible for parole after serving one third, or 28 months.
In my humble opinion - The sentence should have been life - high probability of multiple murders of innocent persons because of a fanatics belief system-
Crown prosecutors announced Wednesday they plan to appeal the sentence of convicted terrorist Saad Khalid, a member of the so-called Toronto 18 group that was allegedly plotting to detonate truck bombs in downtown Toronto.The 23-year-old Mississauga man pleaded guilty to intending to cause an explosion that was likely to cause serious bodily harm, death or damage to property, making him the first member of the group to admit the existence of a bomb plot.In early September, Khalid was sentenced by Superior Court Justice Bruce Durno to 14 years, but given credit for his three years and three months spent in pre-trial custody. That means his sentence amounts to an additional seven years behind bars, and the judge ordered he be eligible for parole after serving one third, or 28 months.
Again I will post to myself - Much like talking to ones self - http://www.theglobeandmail.com/news/national/manitoba-police-crown-accused-of-cover-up/article1307740/
Manitoba police and prosecutors have been accused of covering up their use of tainted testimony to wrongfully convict a Winnipeg drug dealer of a 1986 murder.
After spending 23 years behind bars, Frank Ostrowski, a cocaine dealer convicted in the murder, sought bail Wednesday upon learning that a federal investigation found there is a “reasonable basis” to believe he was framed in the murder of Robert Nieman.The finding came in response to grave allegations that police and prosecutors concealed the fact that a witness who perjured himself at Mr. Ostrowski's 1987 trial was given a deal in return for his testimony.“When you're innocent, you don't give up,” Mr. Ostrowski said Wednesday in an exclusive interview with The Globe and Mail.“I've been fighting ever since they arrested me. You just have to keep kicking and kicking and kicking at that door. Finally, the door falls in.”
Manitoba police and prosecutors have been accused of covering up their use of tainted testimony to wrongfully convict a Winnipeg drug dealer of a 1986 murder.
After spending 23 years behind bars, Frank Ostrowski, a cocaine dealer convicted in the murder, sought bail Wednesday upon learning that a federal investigation found there is a “reasonable basis” to believe he was framed in the murder of Robert Nieman.The finding came in response to grave allegations that police and prosecutors concealed the fact that a witness who perjured himself at Mr. Ostrowski's 1987 trial was given a deal in return for his testimony.“When you're innocent, you don't give up,” Mr. Ostrowski said Wednesday in an exclusive interview with The Globe and Mail.“I've been fighting ever since they arrested me. You just have to keep kicking and kicking and kicking at that door. Finally, the door falls in.”
5 Dead from a drunk driver - 8 years - Calgary cement truck driver gets eight years for crash - The Globe and Mail
A cement truck driver who killed five people when he smashed into the back of a car at a Calgary intersection has been sentenced to eight years in prison.
Daniel Tschetter will serve about 5 1/2 years when pre-trial custody and other factors are taken into account.He was convicted of manslaughter in August after a trial that heard he was speeding and driving his massive truck erratically The car he slammed into on Dec. 7, 2007, was stopped at a red light.Two adults and three children, including a 16-month-old boy, were found dead in the mangled wreckage.The Crown had argued Mr. Tschetter should be sentenced to between 10 and 15 years, but his defence lawyer suggested a suspended sentence would be enough punishment.
Osgoode Professor Alan Youngsaid the charge of dangerous driving causing death acts as a "fall-back" provision for prosecutors aiming to convict on the charge of impaired operation causing death, which he added is more difficult to prove. Young was commenting in the Toronto Star Dec. 17, on drunk-driving charges laid against former Toronto Maple Leafs captain Rob Ramage. Ramage lost control of a car Dec. 15, in an accident that claimed the life of his passenger Keith Magnuson, and has subsequently been charged with impaired operation of a vehicle causing death, which carries a maximum penalty of life in prison. An additional charge of dangerous driving causing death was laid Dec. 16. "The state will not only have to prove impairment but will have to prove that the impairment is causally related to the tragedy," Young said. Although the maximum sentence for impaired driving causing death is life and the maximum for driving dangerously causing death is about 14 years, he cautioned that the maximums often have little bearing on the actual sentence. "These types of cases, especially for the first offenders, can attract reformatory time under two years," he said.
A cement truck driver who killed five people when he smashed into the back of a car at a Calgary intersection has been sentenced to eight years in prison.
Daniel Tschetter will serve about 5 1/2 years when pre-trial custody and other factors are taken into account.He was convicted of manslaughter in August after a trial that heard he was speeding and driving his massive truck erratically The car he slammed into on Dec. 7, 2007, was stopped at a red light.Two adults and three children, including a 16-month-old boy, were found dead in the mangled wreckage.The Crown had argued Mr. Tschetter should be sentenced to between 10 and 15 years, but his defence lawyer suggested a suspended sentence would be enough punishment.
Osgoode Professor Alan Youngsaid the charge of dangerous driving causing death acts as a "fall-back" provision for prosecutors aiming to convict on the charge of impaired operation causing death, which he added is more difficult to prove. Young was commenting in the Toronto Star Dec. 17, on drunk-driving charges laid against former Toronto Maple Leafs captain Rob Ramage. Ramage lost control of a car Dec. 15, in an accident that claimed the life of his passenger Keith Magnuson, and has subsequently been charged with impaired operation of a vehicle causing death, which carries a maximum penalty of life in prison. An additional charge of dangerous driving causing death was laid Dec. 16. "The state will not only have to prove impairment but will have to prove that the impairment is causally related to the tragedy," Young said. Although the maximum sentence for impaired driving causing death is life and the maximum for driving dangerously causing death is about 14 years, he cautioned that the maximums often have little bearing on the actual sentence. "These types of cases, especially for the first offenders, can attract reformatory time under two years," he said.
Drunk kills whole family and gets five and a half years
I would say this animal got off light.
CBC News - Calgary - Alberta trucker gets 8 years for killing 5
The judge factored in time served and other circumstances, reducing Tschetter's actual sentence to five years, 6½ months.
Nice that we can give him a break.8O
I would say this animal got off light.
CBC News - Calgary - Alberta trucker gets 8 years for killing 5
The judge factored in time served and other circumstances, reducing Tschetter's actual sentence to five years, 6½ months.
Nice that we can give him a break.8O
How about this complete abortion of justice. Fred Archer pleaded guilty to several counts of sexual assault. The judge gave him house arrest.
Admitted molester under house arrest | Calgary & Alberta | News | Calgary Sun
Admitted molester under house arrest | Calgary & Alberta | News | Calgary Sun
I think that the judges have what they need in terms of sentencing guidelines. They just don't have the backbone to send a message by enforcing maximum jail time. Whatever happened to deterrence?
In 1971, Solicitor General Jean-Pierre Goyer said:
“We have decided from now on to stress the rehabilitation of individuals rather
than the protection of society.”
.....and with close to forty years of momentum.....we have what we currently have.
“We have decided from now on to stress the rehabilitation of individuals rather
than the protection of society.”
.....and with close to forty years of momentum.....we have what we currently have.
Ron - Remember the Todd Bertuzzi case - Well his next to nothing sentence became a guideline for those charged with his particular crime - While judges have leeway they have very little - Everytime a sentence is lowered it becomes more difficult to assign a higher sentence - Crowns do not want the cost of doing appeals -
Judges have all kinds of leeway. Time on Remand can be counted as 1:1 time,
or 1.5:1 time, or 2:1 time, or sometimes 3:1 time off whatever jail time might be
coming to a criminal upon sentencing.
If you read through the CCC (Criminal Code of Canada) and look at the maximum
sentences....and compare that to what is actually happening in the courts, the Judges
are exercising their leeway all the time....but for more & more limp-wristed sentences.
or 1.5:1 time, or 2:1 time, or sometimes 3:1 time off whatever jail time might be
coming to a criminal upon sentencing.
If you read through the CCC (Criminal Code of Canada) and look at the maximum
sentences....and compare that to what is actually happening in the courts, the Judges
are exercising their leeway all the time....but for more & more limp-wristed sentences.
How do we, as law abiding citizens bring about change? The liberal media won't even respond to my questions or post my comments.
Ron - You know as well as I that max sentences are rarely given - Not sure on this one but vehicular homicide is life??? It started back in the 70's as you mentioned - Mandatory minimums are anathema to Liberals - Whether they are drunks or gangsters. Some links and quite recent.
Judge exceeds Crown sentence recommendation - Winnipeg Free Press
WINNIPEG - Associate Chief Justice Mary Kate Harvie took the unusual step today of imposing a tougher sentence than the Crown requested in an impaired driving causing death case.Judge Harvie sentenced Hugo Sergio Ruizfuentes, 41, to six years in prison and a 15-year driving prohibition in connection with the Dec. 2, 2008 death of Elaine Stoller, 63.http://www.windsorstar.com/entertainment/movie-guide/called+inadequate+after+drunk+driver+handed+four+year+sentence+deaths+four+Chatham+women/1948238/story.htmlCHATHAM,
Law called 'inadequate' after drunk driver handed four-year sentence in deaths of four Chatham women
Ont. --Heart broken family members and a visibly shaken Crown attorney called for stiffer penalties to end the "carnage" Monday after a drunk driver who killed four elderly church ladies received a four-year prison sentence.Wladyslaw Bilski, 49, was found guilty in June of four counts of impaired driving causing death for the Nov. 24, 2007 crash that killed Marion Dawson, Verna Neaves, Bernice Phillips and Jean Ripley. The women, all in their 80s, were affectionately known as the Pie Ladies.Bilski was handed a 10-year driving prohibition along with the four-year sentence. He had been a free man while awaiting sentencing, but was hauled back to jail after allegedly binge drinking while out on bail.
My Friend...that they're rarely given is one thing, & why they're rarely (if ever now)
given is a more interesting (but no less frustrating) thing. It's part of Trudeau's legacy.
Ron - Earlier this year a drunk driver - repeat offender - 19 conviction I belive - drunk driving causing death - Life Senntence - This piece of ****e in Calgary killed 5 - the precednet was there - bad driving record - reckless driving in the time leading up to the accident - The Judge could have awarded a much higher sentence - Now will the crown appeal - probably not - they have 30 days from the conviction to appeal -