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On the other hand
Joined: 19 Apr 2003
Location: I walk along the avenue
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 Posted: Wed Oct 03, 2012 1:43 pm Post subject: |
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| The B.C. man convicted in Thailand for sexually abusing a child has agreed to abide by strict conditions in order to be released into Canadian society |
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The conditions Mr. Neil is expected to abide by would include surrendering his passport, staying away from places where children under 16 years old would congregate and not having access to the Internet.
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rollo
Joined: 10 May 2006
Location: China
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| Posted: Wed Oct 03, 2012 5:54 pm Post subject: |
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| Yeah I read what the prosecution said that since he had done time in Thailand that it would be double jepordy to try him in Canada. They also stated that he had committed no crime in Canada. I think thats the rub it was an internet crime, How would you prove jurisdiction. I think I can see why the prosecution backed away. A tough one the guy made money raping children for the entertainment of sickos. I think this could lead to some cnages in the laws in several countries. |
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12ax7
Joined: 07 Nov 2009
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Thu Oct 04, 2012 3:15 pm Post subject: |
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Problem lies in the prosecution of said "extra judicial" crimes.
Hard to make a compelling (in the legal sense) case with nothing more than "internet photos" and no witnesses or forensic evidence to go with it. It is virtually impossible for the crown to meet the burden of proof beyond a reasonable doubt.
You can't be convicted of related crimes if they were part of the same material event that he was previously tried, convicted and punished for.
Now for the really bad news.....
Canada gets to keep him under probationary monitoring conditions (not imprisonment) for up to 2 years less a day.
If he does nothing during that time then he is free from his restrictions and not required to be registered anywhere.
He can get his passport back, and has a clean CBC (no criminal offense or conviction) from his home country
and is free to head abroad and try his hand at being an EFL teacher again.
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12ax7
Joined: 07 Nov 2009
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| Posted: Thu Oct 04, 2012 9:33 pm Post subject: |
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| ttompatz wrote: |
Problem lies in the prosecution of said "extra judicial" crimes.
Hard to make a compelling (in the legal sense) case with nothing more than "internet photos" and no witnesses or forensic evidence to go with it. It is virtually impossible for the crown to meet the burden of proof beyond a reasonable doubt.
You can't be convicted of related crimes if they were part of the same material event that he was previously tried, convicted and punished for.
Now for the really bad news.....
Canada gets to keep him under probationary monitoring conditions (not imprisonment) for up to 2 years less a day.
If he does nothing during that time then he is free from his restrictions and not required to be registered anywhere.
He can get his passport back, and has a clean CBC (no criminal offense or conviction) from his home country
and is free to head abroad and try his hand at being an EFL teacher again.
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Noticed that I said he 'could' be charged, not 'would'? |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Fri Oct 05, 2012 7:38 am Post subject: |
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| 12ax7 wrote: |
| Noticed that I said he 'could' be charged, not 'would'? |
Double jeopardy... CAN'T be charged again for the crimes in Thailand.
He was already charged, convicted and has served his sentence...
No record in Canada since the offense was not committed in or prosecuted in Canada.
AND there is no substantive "evidence" that would meet the burden of proof for the crimes that were alleged to have been committed in Cambodia or Vietnam.
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12ax7
Joined: 07 Nov 2009
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| Posted: Fri Oct 05, 2012 9:43 pm Post subject: |
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| ttompatz wrote: |
| 12ax7 wrote: |
| Noticed that I said he 'could' be charged, not 'would'? |
Double jeopardy... CAN'T be charged again for the crimes in Thailand.
He was already charged, convicted and has served his sentence...
No record in Canada since the offense was not committed in or prosecuted in Canada.
AND there is no substantive "evidence" that would meet the burden of proof for the crimes that were alleged to have been committed in Cambodia or Vietnam.
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Don't get me wrong, I'm not disagreeing with you. I also think he'll wait two years, have his name changed, and then leave Canada.
But, you're misreading again. I was referring to crimes he wouldn't have been charged with in Thailand that they could have evidence for. I was assuming there could be some simply because the Canadian and the Thai law codes are different. |
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