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Legendary Gerry
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Australia
17732 Posts
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Posted - 14 Feb 2012 :  08:24:13  Show Profile Send Legendary Gerry a Private Message  Reply with Quote
http://news.ninemsn.com.au/article.aspx?id=8418908
The article is just to refresh people's memories.

My question is this:-

If you stand trial in one country and a verdict is delivered, regardless of whether you agree with the verdict or not, should you then be able to be charged in another country with a similar offence relating to the original charge?

_Mford

Sonic
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Australia
14761 Posts
joined 14 Nov 06

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Posted - 14 Feb 2012 :  09:19:27  Show Profile Send Sonic a Private Message  Reply with Quote Copy this URL to Link to this Reply
similar offence.. of course..

same offence.. no.

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bigem
A polar bear



Australia
14179 Posts
joined 22 Jun 04

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Posted - 14 Feb 2012 :  21:51:43  Show Profile Send bigem a Private Message  Reply with Quote Copy this URL to Link to this Reply
They should have hung him the first time LG!!

Oh lord won't you buy me a Mercedes Benz.
My friends all drive Holdens, I must make amends.
Worked hard all my lifetime, no help from my friends.
Stuff you lord, I bought my own, Mercedes Benz.
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Legendary Gerry
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Australia
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Posted - 14 Feb 2012 :  21:57:18  Show Profile Send Legendary Gerry a Private Message  Reply with Quote Copy this URL to Link to this Reply
This is not so much about him but about the trials in 2 countries for the same offence.
Whether you agree or not, he served time for the offence so what gives the US (in this case) the right to pursue him again.

_Mford
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Trev
formerly known as Big Trev



Australia
4721 Posts
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Posted - 15 Feb 2012 :  07:09:16  Show Profile Send Trev a Private Message  Reply with Quote Copy this URL to Link to this Reply
I know that in Victoria the State Government are talking about changing the law, I think they call it 'double jeopardy', if a person gets acquitted of a crime currently they can't chagre them again with the same crime, the Government is looking at changing it where significant new evidence comes in - I think this is fair enough, it means people like Greg Domaszewicz can be re-charged with Jaidyn Leskie's murder

I reserve the right to arm bears
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HDT05
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Australia
6165 Posts
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Posted - 15 Feb 2012 :  21:28:51  Show Profile Send HDT05 a Private Message  Reply with Quote Copy this URL to Link to this Reply
quote:
Originally posted by bigem

They should have hung him the first time LG!!


I agree!

Peter Brock 1945 - 2006 RIP #05
RIP Dale Earnhardt 1951 - 2001 #3
RIP Dan Wheldon 1978 - 2011
RIP Jason Richards 1976 - 2011
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GetThe
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Posted - 15 Feb 2012 :  22:10:03  Show Profile Send GetThe a Private Message  Reply with Quote Copy this URL to Link to this Reply
quote:
Originally posted by HDT05

quote:
Originally posted by bigem

They should have hung him the first time LG!!


I agree!


I don't agree with the comment they should have hung him.



More like they should have tied lead weights around his ankles and sent him to the ocean floor just like he did to his Wife.
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Legendary Gerry
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Australia
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Posted - 15 Feb 2012 :  22:21:36  Show Profile Send Legendary Gerry a Private Message  Reply with Quote Copy this URL to Link to this Reply
I agree with the comments you guys are making about the outcome of the case here, but that's not the question.
It's about being tried in one country and accepting the verdict, then another country trying you on essentially the same charge.

Can you imagine Schapelle Corby, she was tried and sentenced in Indonesia (again whether you agree with the sentence is not the point).
Imagine if she came home after she has served her sentence and the Australian court system then charges her with exporting drugs.

_Mford

Edited by - Legendary Gerry on 15 Feb 2012 22:24:47
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27GV
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Posted - 16 Feb 2012 :  02:34:57  Show Profile Send 27GV a Private Message  Reply with Quote Copy this URL to Link to this Reply
Huh, he was found guilty of manslaughter not rendering assistance? There wasn't enough evidence for a murder charge, because they could never prove intent.

If you want to hang people for that then we'll get the noose ready if you ever drive past an accident and have the suitable training to assist. Honestly, that is the closest one can explain what he was found guilty of in Australia. Unless there is a mound of new, compelling evidence then the trial shouldn't happen. So I guess there is new evidence.


_Mford
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Trev
formerly known as Big Trev



Australia
4721 Posts
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Posted - 16 Feb 2012 :  07:37:31  Show Profile Send Trev a Private Message  Reply with Quote Copy this URL to Link to this Reply
quote:
Originally posted by Legendary Gerry

Can you imagine Schapelle Corby, she was tried and sentenced in Indonesia (again whether you agree with the sentence is not the point).
Imagine if she came home after she has served her sentence and the Australian court system then charges her with exporting drugs.

and where is the problem with that, I think that is a damn fine idea, it would also act as a bit more of a deterrent

I reserve the right to arm bears
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bigcol
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Australia
12499 Posts
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Posted - 16 Feb 2012 :  08:16:50  Show Profile Send bigcol a Private Message  Reply with Quote Copy this URL to Link to this Reply
The American authorities thought his sentence and what he was found guilty of as being too leniant.

They beleive what he did was murder


ONLY LITTLE BOYZ WEAR BOWTIES
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the undertaker
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New Zealand
2246 Posts
joined 08 Nov 09

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Posted - 16 Feb 2012 :  12:30:52  Show Profile Send the undertaker a Private Message  Reply with Quote Copy this URL to Link to this Reply
quote:
Originally posted by Big Trev

quote:
Originally posted by Legendary Gerry

Can you imagine Schapelle Corby, she was tried and sentenced in Indonesia (again whether you agree with the sentence is not the point).
Imagine if she came home after she has served her sentence and the Australian court system then charges her with exporting drugs.

and where is the problem with that, I think that is a damn fine idea, it would also act as a bit more of a deterrent



I'm with you Trev, charge her again when she gets home.
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HDT05
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Australia
6165 Posts
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Posted - 16 Feb 2012 :  20:29:14  Show Profile Send HDT05 a Private Message  Reply with Quote Copy this URL to Link to this Reply
quote:
Originally posted by bigcol

The American authorities thought his sentence and what he was found guilty of as being too leniant.

They beleive what he did was murder




I do aswell.

Peter Brock 1945 - 2006 RIP #05
RIP Dale Earnhardt 1951 - 2001 #3
RIP Dan Wheldon 1978 - 2011
RIP Jason Richards 1976 - 2011
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27GV
Team Manager



3704 Posts
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Posted - 24 Feb 2012 :  15:06:18  Show Profile Send 27GV a Private Message  Reply with Quote Copy this URL to Link to this Reply
He was acquitted in the US. Only eye witness said he was helping his wife.

http://www.bbc.co.uk/news/world-us-canada-17149598

So are any of you going to change your tune about hanging an innocent man?

Trial by media. Some of you make me sick.


_Mford

Edited by - 27GV on 24 Feb 2012 15:10:53
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Zac
Lumberjack



Australia
7588 Posts
joined 24 Dec 04

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Posted - 24 Feb 2012 :  22:00:40  Show Profile Send Zac a Private Message  Reply with Quote Copy this URL to Link to this Reply
I've got no idea whether he was guilty or not. I do know that he was found guilty of manslaughter by an Australian court, while Judge Tommy Nail in Alabama ruled "insufficient evidence". Whether those two rulings make him an innocent man - I don't know.

Being tried in two different countries for the same crime doesn't sound fair to me, but I'm not going to get too sick getting worked up about what others might think.
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