Author Topic: A Word About Sentencing  (Read 2467 times)

Concerned

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A Word About Sentencing
« on: October 04, 2010, 10:24:33 AM »
Did you hear about the Alberta man who has a history of driving while disqualified was handed a five year sentence for ramming a police cruiser with a stolen truck and chased it in reverse down a highway?  He said, "I didn't hurt anybody and I didn't ruin anybody's life."

I thought, hmmmm  tough sentencing.  Until I read the following stories, then I said....WTF!!!

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An Edmonton gangster was handed a five-year prison sentence Friday for his part in a group attack that left one victim stabbed to death and another seriously hurt. Douglas Gordon Hanks, 22, earlier pleaded guilty to charges of manslaughter and aggravated assault stemming from a fight at a June 27, 2009
http://www.edmontonsun.com/news/edmonton/2010/09/17/15394051.html

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A Hinton woman who during an altercation in a trailer park has been sentenced to 34 months in prison for manslaughter...The prison term was equal to the amount of time Kelley had spent in pre-trial custody, meaning she had no time left to serve after sentencing on Sept. 13.
http://www.edmontonjournal.com/news/Hinton+woman+sentenced+months+manslaughter/3598646/story.html

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A ringleader in a $3.92 million rural Alberta mortgage fraud case, who plead guilty to several counts of fraud over $5,000 for involvement in 32 fraudulent  transactions was sentenced to three years.
http://www.vancouversun.com/news/Alberta+mortgage+fraud+ringleader+sentenced+three+years/3193280/story.html#ixzz11P2RVyfF

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A man convicted on three counts of armed robbery of a Franklin Avenue Instaloan by entering the office with a knife while face covered received a 48 month senetence with a 30 month credit given for time served, and he spent 476 days in prison.
http://www.fortmcmurraytoday.com/ArticleDisplay.aspx?archive=true&e=1546063

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A man who failed to inform a woman he had sex with that he carries HIV virus was sentenced to three years in prison.
http://www.torontosun.com/news/canada/2010/08/14/15023966.html

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A man found guilty of manslaughter in the death of a 22-month-old boy in southern Alberta was sentenced to four years in jail.
http://www.albertalocalnews.com/reddeeradvocate/news/provincial/Southern_Alberta_man_sentenced_for_manslaughter_in_young_boys_death_83485962.html

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An Alberta man who was one of 18, who he pleaded guilty to one count of conspiracy to export 20,000 pounds of ephedrine, the key ingredient in crystal methamphetamine received 30 months in prison.
http://www.winnipegsun.com/news/manitoba/2009/08/30/10673746-sun.html

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A man pleaded guilty to possessing crack cocaine for the purpose of trafficking and sentenced to two years in prison. And his wife pleaded guilty to a single count of possession of crack cocaine for purpose of trafficking on two days and received an 18 month conditional house arrest with strict release conditions.
http://www.camrosecanadian.ca/ArticleDisplay.aspx?archive=true&e=1804189

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A former city police officer accessing and possessing child pornography on his home computer (178 images and 14 videos) through email and internet sharing programs while on leave with pay for an off-duty incident received one year in jail.  Another Calgary Police officer while on active duty downloaded and viewed 64 movies and 20 images of child porn was sentenced to nine months in jail and retired from the force with retirement benefits.
http://www.calgaryherald.com/news/Former+Calgary+police+officer+sentenced+year+child+porn/3470791/story.html

I think the Alberta car chaser might have a point, or better yet these other sentences should be reconsidered.  The Alberta man's story for five year sentencing can be found:  http://www.edmontonjournal.com/news/edmonton/Alberta+driver+gets+five+years+ramming+police/3592140/story.html
« Last Edit: October 04, 2010, 10:36:08 AM by Concerned »

Concerned

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Re: A Word About Sentencing
« Reply #1 on: October 27, 2010, 06:40:00 PM »
They say there is a growing number of wrongly convicted Canadians. Is there something to learn from these cases?

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B.C. man acquitted after 27 years in prison

Ivan Henry, who spent more than a quarter century in prison after he was convicted in connection with a string of sexual assaults in a Vancouver neighbourhood, has been acquitted by the B.C. Appeal Court.

"This is kind of overwhelming," he told reporters after the ruling was handed down, adding that he is not angry about his 27-year incarceration because it "wouldn't do any good."

"It wouldn't heal me if I was angry," Henry said Wednesday as he hugged his two daughters outside court.

"I've got grandkids that I'm so proud of. I've got a little dog that I look after, and he's my friend."

"I'd like to say to people who are still incarcerated, `Don't give up. Keep plugging ahead and work to get out and to learn what society's all about. It's not all a dirty world. We're all here to try and help each other."'

The appeal court heard that Henry's 1983 trial included a number of mistakes both by Crown prosecutors and by the judge.

Crown lawyers admitted that evidence had not been disclosed to Henry at his trial. The evidence included at least 30 statements by police and witnesses.

Several of those statements contradicted other evidence used to convict Henry, according to his current lawyer David Layton.

The court of appeal heard that officers placed Henry in a choke hold while victims selected him out of a line-up of possible suspects. A photo of one of the line-ups shows Henry being restrained by three uniformed police officers beside other possible suspects, some of whom are grinning.

There was evidence that Henry was suffering from mental health problems during his trial, although he was permitted to represent himself.

Sperm samples from some women were never disclosed, and Henry's lawyers argued that a blood test could have proven their client was innocent.

The Crown said that Henry would likely be found not guilty if he were to face a new trial.

"The trial judge erred by instructing the jurors that they could infer consciousness of guilt from resistance of the appellant to participation in the lineup conducted by police on May 12, 1982," Justice Richard Low wrote as part of the unanimous decision by a three-judge panel.

"The evidence as a whole was incapable of proving the element of identification on any of the 10 counts and verdicts were unreasonable."

Henry, who is now 63, has maintained his innocence since his conviction for rape and indecent assault.

While in jail he submitted more than 50 applications to have his case reconsidered, but his requests went unanswered according to one of his lawyers.

"This was not someone who just sat quietly in jail," Marilyn Sandford said outside the courthouse. "He brought application after application to the courts."

"It's a systemic problem that for some reason nobody listened," she said, adding that it was "shocking" how many times he had asked unsuccessfully to see witness statements that were withheld from him at trial.

The Crown reopened his case last year, citing concerns about a possible miscarriage of justice. That prompted Henry's release on strict bail conditions, including a curfew and an electronic ankle bracelet.

At the time of his arrest in 1982, Henry was on mandatory supervision stemming from a 1977 attempted rape conviction in Winnipeg, for which he was sentenced to five years in prison.

Henry and his lawyers would not comment on whether they will seek compensation for his wrongful conviction. Based on past cases, he could be eligible for a multi-million dollar compensation package.

The Regina native joins a growing number of wrongly convicted Canadians that include David Milgaard, Donald Marshall and Guy Paul Morin.

With files from The Canadian Press
http://news.sympatico.ctv.ca/canada/contentposting/bc_man_acquitted_after_27_years_in_prison/2a841ea8

So....who is guilty...how does this happen?

Concerned

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Re: A Word About Sentencing
« Reply #2 on: November 20, 2010, 12:22:41 PM »
Am I reading this right?  The cop had a sexual relationship with a woman while investigating (and allegedly framing) her sexual assault claims against her ex. The ex was jailed, losing his job and custody of his children. The cop for nine years kept a vigil on the ex, even after his affair with the woman ended. Once even writing a letter to the court requesting the ex not be let out on bail because he was "dangerous." No one would listen to the complaint by the ex. All, the while the cop received a promotion.

So, when the affair was revealed, the cop gets a (temporary) demotion to the title he had anyways!? (At the end of this ordeal he is still on the force and still gets his promotion) The ex still has lost the job, the custody and has this experience on his record.

Really?!

It feels like Joe Public just got soccer punched again. I have often wondered that by paying the salaries of public employees (salaries, promotions, pensions) is the public responsible for their behavior?  I guess the $7 million lawsuit will tell.  Wonder what the citizens could do with a $7 million savings?  What the department could have done with a $7 million savings? This one event has been costly without much lesson learned, already.

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News Columnists / Michele Mandel
Bad cop gets slap on wrist
By MICHELE MANDEL, TORONTO SUN
Last Updated: September 9, 2010 8:06am

NEWMARKET - The York Region cop he blames for framing him and ruining his life stood before the police board and received a slap on the wrist.

For carrying on an affair with Sherry Major while investigating her claims of sexual assault against her estranged husband, Staff-Sgt. Terry Jordan was handed an 18-month demotion to sergeant Wednesday.for nine years of crapwith Jordan even sending a letter urging he not be released on bail because he was so dangerous.the police officer was sleeping with his exno one would listenIn the meantime, the veteran 23-year officer was promoted to staff sergeant.even after they lost touch, the cop was still keeping tabs on her ex by running his name several times through the police computer.the prosecution wanted Jordan demoted for two years without automatic reinstatement, while his lawyer asked for a one-year demotion and then his rank returned.
http://www.torontosun.com/news/columnists/michele_mandel/2010/09/08/15286666.html