Honour Murderer skips jail

[Byrns]

So it appears that if you're a refugee you don't have to worry about being punished for a honour murder... Latimer got 15 years, she gets nothing!

http://www.calgarysun.com/news/alber.../14721521.html

Aset Magomadova leaves Calgary court Thursday July 15, 2010, after a judge sentenced the city woman to a three-year term of probation for strangling her promiscuous, 14-year-old daughter. Court of Queen's Bench Justice Sal LoVecchio said a non-custodial punishment would be sufficient for Magomadova's killing of daughter Aminat. Magomadova was convicted of manslaughter last October in the teen's Feb. 26, 2007, death.

Another version of the story
http://www.calgaryherald.com/news/Su...889/story.html

[ken0042]

Sorry, but where did you get the part about it being an "honour" murder?

Everything I read about this case indicated that it was textbook involuntary manslaughter. Did you see the size of the daughter who was killed? I'm not sure I would have been able to fend her off without hurting her either.

I say the courts got this one right; which is good because as you indicated they get other cases "wrong."

[Huntingwhale]

Absolutely DISGUSTING story to read about. I'm not normally one to comment on court rulings, but l can't help myself this time. Court of Queen's Bench Justice Sal LoVecchio, you are as big a piece of crap that this country has seen. I CANNOT believe the comments he said regarding her sentencing. Just disgusting. As a Canadian citizen l am embarrassed and appalled that this joke of a judge would say something like this.

“The Crown says due to the nature of the act, namely a ligature strangulation and the necessity to address deterrence and denunciation a period of incarceration is necessary to preserve respect for the law,” LoVecchio noted.
“I do not agree,” the Court of Queen’s Bench judge said.
“Deterrence and denunciation may also be addressed without a period of incarceration,” LoVecchio said, in agreeing with defence lawyer Alain Hepner prison wasn’t warranted.

LoVecchio said Magomadova, a Chechen refugee, has suffered greatly in her life, escaping her war-torn homeland to seek a better life for herself, Aminat and her terminally ill son.
“Aminat is gone and she will very soon lose (her son) as well,” he said.

I'm sorry, but he daughter isn't just 'gone'. She was flippin' murdered by her own mother!!!! Absolutely disgusting.

[HeartsOfFire]

Oh yeah, this case. I remember this one now.

Assuming that what the media has told us is true (which in and of itself is a naïve thing to do), then I don't know how to look at this. Chechen refugee, new to Canada with family, single mother (as I understand it), daughter is not happy at all with coming to Canada, and due to entering puberty, is likely flying off the handle.

I have a feeling that the refugee status is what is protecting this woman from jail time. We're not talking about a single mother who has been raising her kids here in Canada since they were born, are we?

[CaptainCrunch]

The biggest problem that I have here is the method of murder.

In terms of invulontary manslaughter, I can see it if you shoot someone by mistake, or stab someone in the heat of passion, once.

But strangulation to me is a whole different beast because it takes time, for someone to be able to watch their victim die and change their mind.

Once this woman got the scarf around her daughters neck she had to keep up the pressure until her daughter stopped breathing, there was lots of time to realize what your doing and stop. Chances are her daughter stopped struggling minutes in and the mother kept the pressure on.

I think the judge was fed a bill of goods here, I'm hoping that the crown appeals the sentence because I don't think that this was right.

The mother basically subdued her daughter and then decided to keep up the pressure.

[SeeBass]

^^^
I agree it was not like a quick hit to the head.

The struggle was long over, probably for more than a minute when the victim would have been motionless.

[Pinner]

Originally Posted by CaptainCrunch

The biggest problem that I have here is the method of murder.

In terms of invulontary manslaughter, I can see it if you shoot someone by mistake, or stab someone in the heat of passion, once.

But strangulation to me is a whole different beast because it takes time, for someone to be able to watch their victim die and change their mind.

Exactly, strangulation takes time, the victim wasn't a threat, long before her death. Hard to imagine a mother doing this to her daughter.

Wiki: The condemned prisoner dies of strangulation, which typically takes between ten and twenty minutes.

Good point about Latimer getting 15 yr's for a mercy killing.

[fredr123]

I imagine the Crown will appeal the sentence (you're making a pitch for 12 years incarceration and the judge gives the convicted defendant 3 years of probation?). They've already appealed the conviction (the Crown was pushing for second degree murder but only got manslaughter).

[Rerun]

The devout Muslim mother claimed Aminat came at her with a knife in the sewing room where she prayed several times a day.

She reacted by wrapping the scarf around her daughter's neck and twice told the girl to put down the knife before the teen lost consciousness.

A knife was found in the room, but the daughter's fingerprints were not on it.

LoVecchio, who rejected a claim of self-defence, deemed the woman did not intend to kill the teen, even though medical examiner Dr. Sam Andrews testified that death as a result of such an act would have taken at least 2 1/2 minutes.

Http://www.calgaryherald.com/news/Su...889/story.html


If these are the facts, the lenient sentence just doesn't make sense.

P.S. If someone's coming at you with a knife in their hand, how do you manage to get a scarf wrapped around their neck without getting stabbed? .... unless that isn't the truth and you in fact came up from behind the person and wrapped the scarf around their neck...

[Rerun]

Originally Posted by ken0042

Sorry, but where did you get the part about it being an "honour" murder?

Everything I read about this case indicated that it was textbook involuntary manslaughter. Did you see the size of the daughter who was killed? I'm not sure I would have been able to fend her off without hurting her either.

I say the courts got this one right; which is good because as you indicated they get other cases "wrong."

MOD EDIT: Too much

[Wiggum_PI]

MOD EDIT: Don't swear please.

[puckluck]

Honour murderer? Is it because she is muslim?

This had nothing to do with a honour killing, and only to do with the fact that her daughter was out of control and had attacked her mom before. The mom got the upper hand in one of their fights and the rest is a tragedy.

[fredr123]

Written reasons in a case like this would be nice. Alas...

[puckluck]

I still don't understand how she never got any jail time though. That is the disturbing part of the case, but the title of this thread is so out to lunch.

[Pinner]

Originally Posted by puckluck

Honour murderer? Is it because she is muslim?

People are just thinking this case is similar to the other Muslims that

kill their children for misbehaving.

[valo403]

Originally Posted by fredr123

I imagine the Crown will appeal the sentence (you're making a pitch for 12 years incarceration and the judge gives the convicted defendant 3 years of probation?). They've already appealed the conviction (the Crown was pushing for second degree murder but only got manslaughter).

What's the basis for the appeal on either point? Unless Canadian criminal courts are drastically different than those in the US, which I'm 99% sure they aren't, appeals are based in errors of law, not just because you don't like the outcome. Is there an actual error in law in regards to this sentence? If it's within the allowable range I don't see where the appeal would lie.

[puckluck]

Originally Posted by Pinner

People are just thinking this case is similar to the other Muslims that

kill their children for misbehaving.

O right I forgot that every other religion never gets questioned during a domestic assault.

If a muslim man beats his wife blame it on the religion.

If a christian man beats his wife blame it on everything else but the religion.

[The Yen Man]

Originally Posted by CaptainCrunch

The biggest problem that I have here is the method of murder.

In terms of invulontary manslaughter, I can see it if you shoot someone by mistake, or stab someone in the heat of passion, once.

But strangulation to me is a whole different beast because it takes time, for someone to be able to watch their victim die and change their mind.

Once this woman got the scarf around her daughters neck she had to keep up the pressure until her daughter stopped breathing, there was lots of time to realize what your doing and stop. Chances are her daughter stopped struggling minutes in and the mother kept the pressure on.

I think the judge was fed a bill of goods here, I'm hoping that the crown appeals the sentence because I don't think that this was right.

The mother basically subdued her daughter and then decided to keep up the pressure.

Yah, you actually have to continue tp strangle a person after they've passed out in order to kill them. Your body's natural defense mechanism actually knocks you out first hoping whatever's strangling you will loosen their grip once there is no struggling.

[ken0042]

Originally Posted by Rerun

Did you see the size of the [mod edit- removed] mother?

Yes, both mother and daughter are on the large size. What I was getting at is the daughter wasn't some 80 pound petite little thing, and the fight that day was about the daughter not wanting to show up in court for a charge against her; assault I believe.

Do I think I could have handled that day's events without killing somebody- probably. Which is why I like the suspended sentance on manslaughter and not jail or a murder charge; there is some culpability on her part.

[Wiggum_PI]

Originally Posted by Resolute 14

Ridiculous hyperbole argues against your point.

Doesn't argue against my point at all. The courts don't do their job so people can get away with whatever they want. Ridiculous Hyperbole? She got no jail time for murder, thats the only ridiculous thing here.