05-07-2009, 03:57 PM
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#442
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Franchise Player
Join Date: Apr 2008
Location: Calgary
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Quote:
Originally Posted by fredr123
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Is it 5 counts or 1 count? I have always be curious about that in Canada. Is 5 counts actually worse than one count?
You're a lawyer, plz help meh.
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05-07-2009, 03:59 PM
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#443
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Franchise Player
Join Date: Jun 2008
Location: Spartanville
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Quote:
Originally Posted by Boblobla
They wont. I could be wrong but sentences in Canada are served concurrently are they not?
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Can someone explain the point or rationale behind concurrent sentences particularly with reference to two events at two different times?
It just seems to be like a do one crime get one free sort of thing.
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05-07-2009, 04:05 PM
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#444
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Franchise Player
Join Date: Mar 2007
Location: Calgary
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Anyone else bothered by the fact he's out on bail until sentencing?
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05-07-2009, 04:24 PM
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#445
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First Line Centre
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Quote:
Originally Posted by burn_this_city
Anyone else bothered by the fact he's out on bail until sentencing?
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Gives the lynch mob a fair shot at him!!
I kid, I kid.
kinda
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05-07-2009, 04:41 PM
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#446
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Franchise Player
Join Date: Oct 2001
Location: Behind Nikkor Glass
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Quote:
Originally Posted by TheyCallMeBruce
How many years is manslaughter?
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In Canada... Probably 3-5 years... 
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05-07-2009, 04:43 PM
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#447
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In the Sin Bin
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Quote:
Originally Posted by burn_this_city
Anyone else bothered by the fact he's out on bail until sentencing?
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Depends on what you do during that time. My uncle broke his hand breaking my aunt's murderer's ribs during such a time.
Easiest $1000 fine he ever paid.
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The Following User Says Thank You to Resolute 14 For This Useful Post:
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05-07-2009, 05:21 PM
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#448
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#1 Goaltender
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Quote:
Originally Posted by Resolute 14
Depends on what you do during that time. My uncle broke his hand breaking my aunt's murderer's ribs during such a time.
Easiest $1000 fine he ever paid.
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I bet that's a story that never, ever, gets old. Awesome.
__________________
-Scott
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05-07-2009, 05:25 PM
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#449
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First Line Centre
Join Date: Dec 2006
Location: Calgary, Alberta
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Quote:
Originally Posted by TheyCallMeBruce
How many years is manslaughter?
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8-10, I believe.
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05-07-2009, 06:24 PM
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#450
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Had an idea!
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Bit of a confusion on the articles I'm reading.
Some are saying that he was found guilty on 5 counts of manslaughter, some are saying they're not sure yet.
IIRC, 5 counts of manslaughter would give him 40-50 years in jail alone.
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05-07-2009, 06:30 PM
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#451
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Crash and Bang Winger
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Quote:
Originally Posted by TheyCallMeBruce
How many years is manslaughter?
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Manslaughter doesn't have a minimum sentence, unless a firearm is used.
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05-08-2009, 07:53 AM
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#452
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Franchise Player
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According to Kevin Martin of the Calgary Sun, who in all likelihood was actually present in the courtroom when the judgment was handed down and has a lot of experience covering stories in court, Tschetter was convicted on all counts including manslaughter x5. Sentencing is set for August 5. The CBC story posted earlier has been updated to reflect this as well.
There was also this little timbit thrown in there:
Quote:
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The ruling puts Tschetter in notorious company as the convict with the highest number of homicides in Calgary from one incident.
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Because it is so uncommon to be convicted of manslaughter in Canada for deaths caused by a motor vehicle, I'm guessing there may be an appeal. It will be interesting to see the judge's reasons.
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The Following User Says Thank You to fredr123 For This Useful Post:
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05-08-2009, 07:58 AM
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#453
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Playboy Mansion Poolboy
Join Date: Apr 2004
Location: Close enough to make a beer run during a TV timeout
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Quote:
Originally Posted by fredr123
Because it is so uncommon to be convicted of manslaughter in Canada for deaths caused by a motor vehicle, I'm guessing there may be an appeal. It will be interesting to see the judge's reasons.
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They had his lawyer (Mr. Der) on Global last night. His comment was along the lines of "Do we hand out manslaughter convictions for motor vehicle accidents? No, we don't." He actually seemed pretty choked; which is out of charachter for him. So I would guess there will be an appeal.
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05-08-2009, 08:02 AM
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#454
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Franchise Player
Join Date: Jun 2008
Location: Spartanville
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Quote:
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When both came to a stop nearly three football fields away,
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Jeebus, I had no idea the impact was so big.
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05-08-2009, 08:11 AM
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#455
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Franchise Player
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Quote:
Originally Posted by Azure
Bit of a confusion on the articles I'm reading.
Some are saying that he was found guilty on 5 counts of manslaughter, some are saying they're not sure yet.
IIRC, 5 counts of manslaughter would give him 40-50 years in jail alone.
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Not in Canada unfortunately.
As I understand the law, he could have killed 1 or 12 people in that car and still had a maximum sentence of "Life" for manslaughter, not 1-12 consecutive life sentences like it is in the US.
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05-08-2009, 08:46 AM
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#456
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Guest
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I always thought it was interesting that he was charged with manslaughter. I wish I would have heard the crowns argument and justification for the charge.
We have charges for deaths caused in motor vehicle "accidents" and it's generally not manslaughter.
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05-08-2009, 08:51 AM
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#457
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First Line Centre
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It's not really an accident when you're drunk. It's hard for me to follow the Canadian justice system because it makes me so angry.
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05-08-2009, 09:26 AM
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#458
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Guest
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Quote:
Originally Posted by The Ditch
It's not really an accident when you're drunk. It's hard for me to follow the Canadian justice system because it makes me so angry.
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Maybe so, but it is also difficult to make it manslaughter.
We also have charges for impaired driving causing death.
All the impaired stuff was withdrawn anyway.
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05-08-2009, 09:54 AM
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#459
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In the Sin Bin
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Quote:
Originally Posted by Bent Wookie
I always thought it was interesting that he was charged with manslaughter. I wish I would have heard the crowns argument and justification for the charge.
We have charges for deaths caused in motor vehicle "accidents" and it's generally not manslaughter.
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"Accidents" generally don't involve such a willful disregard for people around him.
From what I've read of this story, this jackass was driving in such a manner that his killing someone was an inevitablity. Manslaughter seems to be the best charge. I'd be inclined to say this was akin to murder 2, if not for the lack of a specific target.
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05-08-2009, 06:52 PM
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#460
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Guest
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Quote:
Originally Posted by Resolute 14
"Accidents" generally don't involve such a willful disregard for people around him.
From what I've read of this story, this jackass was driving in such a manner that his killing someone was an inevitablity. Manslaughter seems to be the best charge. I'd be inclined to say this was akin to murder 2, if not for the lack of a specific target.
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What is murder?
It is murder when the killer of a human being:
- means to cause the death of that human being; or
- means to cause bodily harm to a human being that is likely to cause the death of that human being and the killer is reckless as to whether or not the person dies;
- when the killer, for an unlawful purpose, does anything that he knows or ought to know is likely to cause death even they he may wish to carry out the unlawful purpose without causing death or bodily harm to a human being; or when the death of a human being results when:
- the killer means to cause bodily harm to make it more certain to complete the crime successfully or make the killer's escape easier after the crime;
- the killer gives the subjects the victim to an overpowering or stupefying;
- the killer intentionally smothers the victim; or
- causes the death of a human being while committing or attempting to commit high treason or treason, sabotage, piracy, hijacking an aircraft, escape or rescue from prison or lawful custody, assaulting a peace officer, any of the sexual assault charges, kidnapping and forcible confinement, hostage taking, breaking and entering; or arson whether or not the criminal means to cause death to any human being or knows that it is likely to be caused.
What is the difference between first degree and second degree murder?
Murder is first degree murder when:
- it is planned and deliberate;
- the killing is planned and deliberate and involves payment of money to the killer or anyone who assists in the death of the victim and all persons involved in effecting the death may be charged with first degree murder ( a paid or contract killing or "hit");
- whether or not the killing is planned and deliberate, when the victim is a police person or other peace officer in the course of his or her duties, or a prison warden, guard or other prison or other person working in a prison, acting in the course of his or her work or duties;
- when the death occurs during the commission of the following offences:
- hijacking an aircraft;
- a sexual assault offence;
- kidnapping and forcible confinement; or
- hostage taking;
- criminal harassment (stalking);
- setting or attempting to set off explosives for the benefit or at the direction of or in association with a criminal organization (known criminal or terrorist organizations or gangs).
All murder that is not first degree murder is second degree murder.
What is manslaughter?
Murder may be reduced to the offence of manslaughter if the person who caused the death did it in the heat of passion, caused by sudden provocation sufficient to deprive a normal person of the power of self-control, providing the accused acted on it quickly, before there was time to cool down.
What is Criminal Negligence?
Criminal negligence
Not necessarily doing something to cause harm, but to fail to prevent harm when you could have.
219. (1) Every one is criminally negligent who
(a) in doing anything, or
(b) in omitting to do anything that it is his duty to do,
shows wanton or reckless disregard for the lives or safety of other persons.
Don't get me wrong, I am all for the manslaughter conviction, just curious how it was argued.
Last edited by Bent Wookie; 05-08-2009 at 06:57 PM.
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