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Thread: Gerald Stanley found not guilty in death of Colten Boushie

  1. #313
    Quote Originally Posted by oagre View Post
    Thanks. That was interesting. Do you know if this evidence was called from a firearms expert at trial?
    The Crown's firearms expert testified that he could not explain the bulged cartridge. Whether the Crown's or Defence expert explained the bit about the Tokarev and the aged ammo being unreliable is unclear other than that info about the make and type was included. The judge made remarks about it during the charge to the jury. Did you read that?

  2. #314
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    Quote Originally Posted by Smooth60 View Post
    The Crown's firearms expert testified that he could not explain the bulged cartridge. Whether the Crown's or Defence expert explained the bit about the Tokarev and the aged ammo being unreliable is unclear other than that info about the make and type was included. The judge made remarks about it during the charge to the jury. Did you read that?
    I must admit that i have been going off 3rd hand reports and have not had time to read any of the original proceedings.

    The judge would need to have properly qualified and sworn expert evidence about the Tokarev and the ammo. He couldn't guess or go by his own reading on the point.
    After 30 years hobbying and 15 years on TERB, maybe I should write my memoirs. I'd call them..... "If these Balls could talk".

  3. #315
    Quote Originally Posted by oagre View Post
    I must admit that i have been going off 3rd hand reports and have not had time to read any of the original proceedings.

    The judge would need to have properly qualified and sworn expert evidence about the Tokarev and the ammo. He couldn't guess or go by his own reading on the point.
    Here is one section of the Charge to the Jury.

    "Although both experts did not know what caused the bulge both theorized that one possible explanation would be a hang fire or delayed reaction."

    http://nationalpost.com/news/canada/...a-jurors-shoes

    If the Crown's expert witness cannot explain and goes so far as to admit that it is possible that the defence explanation of hang fire is possible then I think your fucking case is sunk wouldn't you think?

  4. #316
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    Quote Originally Posted by Smooth60 View Post
    Here is one section of the Charge to the Jury.

    "Although both experts did not know what caused the bulge both theorized that one possible explanation would be a hang fire or delayed reaction."

    http://nationalpost.com/news/canada/...a-jurors-shoes

    If the Crown's expert witness cannot explain and goes so far as to admit that it is possible that the defence explanation of hang fire is possible then I think your fucking case is sunk wouldn't you think?
    I think that contributes mightily to "reasonable doubt" and probably helped a lot to obtain the acquittal.
    After 30 years hobbying and 15 years on TERB, maybe I should write my memoirs. I'd call them..... "If these Balls could talk".

  5. #317
    Quote Originally Posted by oagre View Post
    I think that is indeed the thrust of Gladue . The wrongdoer is given community service with the band and is made to publicly ackowledge the harm he has done, instead of being jailed.
    Was reading reaction this morning and the Gladue case was mentioned. For those who don't know, the government passed a law that jail should be a last resort and background/circumstances considered. Gladue was the first case to test this law.

    What's sad is the summary stated Gladue was 19-year old indigenous woman with alcohol and other issues and she killed her husband for SUSPECTED ADULTERY. She got 3 years for manslaughter and the case was appealed saying the judge didin't follow the law about sentencing. Does anyone else think it's outrageous that the big case involved killing somebody else for essentially nothing? I couldn't believe it.
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  6. #318
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    Quote Originally Posted by sempel View Post
    Was reading reaction this morning and the Gladue case was mentioned. For those who don't know, the government passed a law that jail should be a last resort and background/circumstances considered. Gladue was the first case to test this law.

    What's sad is the summary stated Gladue was 19-year old indigenous woman with alcohol and other issues and she killed her husband for SUSPECTED ADULTERY. She got 3 years for manslaughter and the case was appealed saying the judge didin't follow the law about sentencing. Does anyone else think it's outrageous that the big case involved killing somebody else for essentially nothing? I couldn't believe it.
    I checked out the case and I was surprised at how low the sentence was as well. But Gladue was actually NOT A GLADUE CASE. The trial judge didn't apply the special sentencing provisions for aboriginal offenders, as Gladue lived off reserve. He gave her 3 years based purely on general sentencing principles. The SCC used the Gladue case to discuss aboriginal sentencing generally, but didn't alter the judge's original sentence.

    Gladue was highly intoxicated and very young - 19 years. And she pleaded guilty quickly. These seem to be the reasons and all the levels of court accepted them as being a logical basis for the sentence.
    After 30 years hobbying and 15 years on TERB, maybe I should write my memoirs. I'd call them..... "If these Balls could talk".

  7. #319
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    And this woman in London, Ontario tried to stop an Indigenous man from stealing her truck and she was the one who ended up dead. Will be interesting to see how this trial ends up when it eventually comes to court

    http://www.lfpress.com/2018/02/18/br...al-hit-and-run

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