06-09-2015, 03:32 PM
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#101
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First Line Centre
Join Date: Feb 2014
Location: Uzbekistan
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Quote:
Originally Posted by PsYcNeT
I guess it would depend on what the crown wants to seek (and what they think they can successfully prosecute). Witnesses describe it as them thinking about what to do, then choosing to run her down.
That sounds like intent to me.
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Going out of their way to intentionally run her down would get it to 2nd. Her being in the way of their escape, running into their path would be different.
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06-09-2015, 03:34 PM
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#102
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First Line Centre
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Quote:
Originally Posted by PsYcNeT
I guess it would depend on what the crown wants to seek (and what they think they can successfully prosecute). Witnesses describe it as them thinking about what to do, then choosing to run her down.
That sounds like intent to me.
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Those Home Depot Witnesses's testimonies will be key. Obviously, they didn't just simply run over that woman but they had time to think.
If those witnesses can testify that the woman yelled at them to pay or something like that, basically, interacted with the driver, that could strengthen the likelihood of a 2nd degree charge as well. 1st degree is probably not likely at all based on what we know so far.
One potential problem is that it's a big truck and the driver might claim that he didn't see that woman to try to get of of a 2nd murder charge.
Last edited by darklord700; 06-09-2015 at 03:37 PM.
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06-09-2015, 03:39 PM
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#103
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Franchise Player
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Sad reminder as to why police always always always say to never pursue or approach criminals.
Lady was doing what she saw as right, which is a shame this happened to her. OHS needs to continually reinforce that it is not employee's job to chase or stop thieves.
Catch and roast these buggers.
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06-09-2015, 03:42 PM
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#104
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Norm!
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scumbags, it takes a complete lack of character to stare at a person and run them down with your truck over some gas.
I agree with the above, vehicles have brakes on them, they chose to run her over, that's pretty much intent in my book, this wasn't an accident, it was a deliberate act.
Try em as adults, charge them with second degree murder.
__________________
My name is Ozymandias, King of Kings;
Look on my Works, ye Mighty, and despair!
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06-09-2015, 03:44 PM
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#105
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Norm!
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I feel bad for her family though. They came over here to get away from the violence in their home land and get better opportunities and these two rodents stole it from them.
__________________
My name is Ozymandias, King of Kings;
Look on my Works, ye Mighty, and despair!
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06-09-2015, 03:45 PM
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#106
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Franchise Player
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Quote:
Originally Posted by CaptainCrunch
I feel bad for her family though. They came over here to get away from the violence in their home land and get better opportunities and these two rodents stole it from them.
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This is offensive to rodents.
__________________
Quote:
Originally Posted by CroFlames
Before you call me a pessimist or a downer, the Flames made me this way. Blame them.
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06-09-2015, 03:45 PM
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#107
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Scoring Winger
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Such a sad turn of events, especially given her background.
Leave your country, travel halfway around the world to provide a better future for your son, adapt yourself to a new culture, language, climate, etc., and get run down by homegrown scumbags.
I agree, try them as adults, throw 2nd degree at them.
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06-09-2015, 03:48 PM
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#108
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First Line Centre
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Can't imagine how hard this is for the husband; to look after their children alone and with funeral costs to worry about. There should be a donation account setup to help this family.
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The Following 3 Users Say Thank You to darklord700 For This Useful Post:
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06-09-2015, 03:54 PM
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#109
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Powerplay Quarterback
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Quote:
Originally Posted by PsYcNeT
Witnesses describe it as them thinking about what to do, then choosing to run her down.
That sounds like intent to me.
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That statement would most likely never see the light of day in a courtroom. The witness can testify as to what they saw, they can't testify as to what the driver was thinking, what the driver saw, nor what his intent was.
It would require some creative interpretation, but the Crown could charge first degree murder if they can show that just prior and during the incident, the two were guilty of an offense under S.423 of the CCoC.
If they can do that, the charge of first degree murder can apply.
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06-09-2015, 05:20 PM
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#110
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In the Sin Bin
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Quote:
Originally Posted by llwhiteoutll
That statement would most likely never see the light of day in a courtroom. The witness can testify as to what they saw, they can't testify as to what the driver was thinking, what the driver saw, nor what his intent was.
It would require some creative interpretation, but the Crown could charge first degree murder if they can show that just prior and during the incident, the two were guilty of an offense under S.423 of the CCoC.
If they can do that, the charge of first degree murder can apply.
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I looked it up, and S.423 is related to url=http://laws-lois.justice.gc.ca/eng/acts/C-46/section-423.html]intimidation[/url. I'm curious as to how that would upgrade the charge to murder 1.
Not a lawyer (obviously), but presuming there are no laws that automatically upgrade the charge because this homicide was committed in the act of committing another crime, I can't see murder 1 or 2 sticking. The driver will probably end up with manslaughter, imo. The passenger, I'm guessing, would be looking at charges related to being an accessory to the crime.
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06-09-2015, 05:21 PM
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#111
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In the Sin Bin
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Also, and notwithstanding the intention of the Youth Criminal Justice Act, the fact that the passenger is a minor should have no bearing on the right to publish his photo and information in a crime like this. Public safety should always come first.
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06-09-2015, 05:38 PM
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#112
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Lifetime Suspension
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Quote:
Originally Posted by Resolute 14
Also, and notwithstanding the intention of the Youth Criminal Justice Act, the fact that the passenger is a minor should have no bearing on the right to publish his photo and information in a crime like this. Public safety should always come first.
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No, no, no.
We have to protect the little misguided angel. Because obviously he will somehow become the true victim in all of this.
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06-09-2015, 05:45 PM
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#113
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In the Sin Bin
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Believe it or not, your idiotic hyperbole doesn't advance the discussion.
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06-09-2015, 05:48 PM
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#114
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Franchise Player
Join Date: Oct 2001
Location: Behind Nikkor Glass
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I feel sick to my stomach...
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06-09-2015, 06:24 PM
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#115
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Lifetime Suspension
Join Date: Sep 2007
Location: blow me
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nm
Last edited by RedMileDJ; 08-31-2015 at 12:54 AM.
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06-09-2015, 06:36 PM
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#116
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Lifetime Suspension
Join Date: Sep 2007
Location: blow me
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nm
Last edited by RedMileDJ; 08-31-2015 at 12:54 AM.
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06-09-2015, 06:39 PM
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#117
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In the Sin Bin
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Legally, I don't think so. At least, not the passenger/kid filling up.
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06-09-2015, 06:44 PM
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#118
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Crash and Bang Winger
Join Date: Mar 2015
Location: Calgary
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As annoying as it is to pre-pay (like the legislation in BC), I believe Alberta should implement the same.
This entire situation would have been avoided.
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06-09-2015, 06:51 PM
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#119
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One of the Nine
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It wouldn't bother me one bit if pay before pump was mandatory... It would just be really nice if it didn't take a minute and a half to do the transaction. That's the annoying part. Almost as annoying as the pump constantly being out of paper, forcing you to go inside. When that happens, I do not spend any money in the store, out of spite. Esso at Crowchild and 5th, I'm looking at you.
Anyway, it's pretty common for people to want their gas on a separate receipt, anyway, so in my world, I'd still be inclined to pay for gas at the pump, then go inside for tea or a snack.
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06-09-2015, 06:52 PM
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#120
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Celebrated Square Root Day
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Quote:
Originally Posted by RedMileDJ
Never mind. Due to the power of Google I was able to find images from the video.
Can they be posted?
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Certainly not here, if that in fact was the youth. You'd be putting the site in a very bad spot, legally.
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