Murderer will serve 4 1/2 years in prison - Calgarypuck Forums - The Unofficial Calgary Flames Fan Community

puckluck · 02-21-2011, 12:19 PM

He gets double time for 21 months he served in Remand.

http://www.calgarysun.com/news/alber.../17335321.html

Quote:

In an agreed statement of facts, Smith, who was working as a DJ at the party, was asked by Nembhard to promote his own, future party.
After rebuffing and insulting Nembhard, the accused then uttered “he disrespected me … nobody tells me that and not feel pain.”
When Nembhard returned to the scene with a knife, Smith, 38, tried to strike the accused with the equipment lid and the two began wrestling.
Smith was then stabbed, fatally, three times by Nembhard.

I'll say this again the legal system in Canada is a joke. Please save the comments of " well in the United states..."

It's my opinion that the system in Canada is way too lenient when it comes to criminals. It's a disgrace to me as a Canadian and makes me think of Vigalante justice if a crime is ever commited against me or a loved one instead of going through the disgrace that is the Canadian court system.

Ducay · 02-21-2011, 12:20 PM

Well to be fair, I believe that rule has been since changed, guy in question was likely granfathered under the old rules. No more double/triple credit for time served

puckluck · 02-21-2011, 12:22 PM

Even then 8 years is not much better. You kill someone and utter the words "no one disrespects me and doesn't feel pain" that is first degree murder in my eyes. No less than 25 years would make me happy.

burn_this_city · 02-21-2011, 12:28 PM

I saw this the other day, he claimed self defense, which strangely enough means you stab someone three times in the chest. What a joke, I honestly wonder how some of the judges sleep at night.

nik- · 02-21-2011, 12:39 PM

When you leave the scene and return looking for a fight with a knife, self defense is no longer a viable defense. This is a brutal ruling.

valo403 · 02-21-2011, 12:42 PM

Oh good, I'm sure this thread will be full of original and thought provoking posts and not at all turn into a complete rehashing of the dozens of other threads on this subject.

puckluck · 02-21-2011, 12:43 PM

Quote:

Originally Posted by valo403

Oh good, I'm sure this thread will be full of original and thought provoking posts and not at all turn into a complete rehashing of the dozens of other threads on this subject.

My comment in the OP was specifically for you.

valo403 · 02-21-2011, 12:45 PM

Quote:

Originally Posted by puckluck

My comment in the OP was specifically for you.

I'm so happy to hear you think of me that often

Also glad to hear you still haven't educated yourself. Ignorance is bliss.

CaptainCrunch · 02-21-2011, 12:45 PM

One thing that I have noticed is that there have been a lot of sentence increase in the court of appeals?

Hopefully this one gets reviewed, it sure dosen't sound like self defense for me.

puckluck · 02-21-2011, 12:46 PM

Quote:

Originally Posted by valo403

I'm so happy to hear you think of me that often

Also glad to hear you still haven't educated yourself. Ignorance is bliss.

Educated myself on what exactly? That I'm not happy about a murderer getting 6 years in prison? You seem like the only ignorant one in every thread involving anything about law. You seem to think because you're a lawyer or whatever you are you know better than everyone.

MarchHare · 02-21-2011, 12:48 PM

He was sentenced for manslaughter, not murder. If you don't like the charge, blame the Crown for prosecuting him for a lesser offense, not the judge.

puckluck · 02-21-2011, 12:51 PM

Quote:

Originally Posted by MarchHare

He was sentenced for manslaughter, not murder. If you don't like the charge, blame the Crown for prosecuting him for a lesser offense, not the judge.

And this is why the system is a joke. Any prosecutor with half a brain would know this is first degree murder, but we get these POS prosecutors who don't know how to do their jobs.

FFS I could prosecute this goof and get a guilty vedict for first degree murder. The judge should have called out the prosecutor for being so dumb.

MarchHare · 02-21-2011, 12:53 PM

Quote:

Originally Posted by puckluck

And this is why the system is a joke. Any prosecutor with half a brain would know this is first degree murder, but we get these POS prosecutors who don't know how to do their jobs.

FFS I could prosecute this goof and get a guilty vedict for first degree murder.

I love armchair Internet legal experts who think they know more than actual lawyers.

Tell me, puckluck, have you passed the bar exam? Do you have a law degree? Have you even taken a single criminal law class at a university?

No? Then what makes you think you know more than the prosecutors assigned to this case?

CaptainCrunch · 02-21-2011, 12:56 PM

I'm not a lawyer, but I do have a problem with the prosecutor definition at this time. The definition of manslaughter is.

"Manslaughter constitutes an unlawful killing of another person without malice, either express or implied. The unlawful killing may be either voluntary by virtue of acting upon a sudden impulse, or involuntary."

Based on what we know about the crime, it really doesn't fall into this category.

Plain and simple the prosecutor either blew this, or was lazy about it.

puckluck · 02-21-2011, 12:57 PM

Quote:

Originally Posted by MarchHare

I love armchair Internet legal experts who think they know more than actual lawyers.

Tell me, puckluck, have you passed the bar exam? Do you have a law degree? Have you even passed a single criminal law class at a university?

No? Then what makes you think you know more than the prosecutors assigned to this case?

Criminal law my ass. All I know is some goof uttered the words "no one disrespects me and doesn't feel pain" then confronts the guy with a knife in hand (after leaving the scene to get a knife) starts to fight the guy and then stabs him 3 times not once or twice but three times in the chest. So he left the scene to get the weapon and confronted the victim.

You don't even have to pass Jr high to realize that is first degree murder.

CaptainCrunch · 02-21-2011, 01:02 PM

I remember talking to my dad after he finished Jury duty on a murder case.

Basically a man came home and found his wife in bed with his brother. He flew into a rage and threatened him, then he left the room picked up a guitar went back in and beat his brother to death.

Originally they had charged him with Manslaughter because of the crime of passion factor, but the fact that he left the room to get the weapon dictated that he had a sufficient cooling down period. Because of this it became a planned killing and he ended up having his charges upped and ended up serving 15 years.

Mean Mr. Mustard · 02-21-2011, 01:03 PM

Quote:

Originally Posted by puckluck

Educated myself on what exactly? That I'm not happy about a murderer getting 6 years in prison? You seem like the only ignorant one in every thread involving anything about law. You seem to think because you're a lawyer or whatever you are you know better than everyone.

Wait are you saying that someone who is a lawyer doesn't know the legal system better than you who reads the Calgary Sun? I don't know the specifics of this case and it could be one of the cases where someone doesn't get sentenced for enough time given the crime. That being said perhaps there is more to the story than the Calgary Sun reports because they make their money off people like you who are the easily outraged.

puckluck · 02-21-2011, 01:08 PM

Quote:

Originally Posted by Mean Mr. Mustard

Wait are you saying that someone who is a lawyer doesn't know the legal system better than you who reads the Calgary Sun? I don't know the specifics of this case and it could be one of the cases where someone doesn't get sentenced for enough time given the crime. That being said perhaps there is more to the story than the Calgary Sun reports because they make their money off people like you who are the easily outraged.

That's a whole lot of reaching. So are you saying the Calgary Sun is lying about the specifics of the case?

And what is your opinion on this matter? or do you have to be a lawyer to form an opinion?

JustAnotherGuy · 02-21-2011, 01:08 PM

What is the definition of manslaughter? What is the definition of murder?

The guy goes back with a knife and is charged with manslaughter. How does that make sense?

GreenTeaFrapp · 02-21-2011, 01:10 PM

Quote:

Originally Posted by puckluck

That's a whole lot of reaching. So are you saying the Calgary Sun is lying about the specifics of the case?

Not necessarily lying but it doesn't preclude them from omitting relevant information.

Quote:

And what is your opinion on this matter? or do you have to be a lawyer to form an opinion?

You don't have to be a lawyer to form an opinion but you should probably be one if you want to have an informed opinion. Or at the very least do more than base your opinion on an article in the Sun.