Legal Experts.......

[kenntona]

Man jailed for attacking 3 others in party brawl - Channel NewsAsia

"A former banker was sentenced to 18 months' jail for attacking three men during a Halloween party."

"On the second day of the trial, which started in April this year, the court heard that Mr Tan had died.

On this issue, the judge had said whether the death of the victim was linked to injuries sustained in the incident was irrelevant in determining whether Rhodes was guilty of the two charges.

At that time, Judge Tham said if Rhodes were to be convicted, then the court will revisit the issue.

But the court found that there was no causal link between the injury that Mr Tan had sustained and his death."

Can any legal expert clarify? Why is the death "irrelevant?"

 

[MW]

Re: Legal Experts.......

What are the two charges?

If the charge is not related to death by injury, then of coz irrelevant. For eg If the charge is of grevious bodily harm, then the ingredients for a guilty verdict would be whether the injury sustained was a result of the assault by the CAM. If victim died then should have been charged with manslaughter which carries different ingredients for a guilty verdict.

the Vic's eventual death will be a determining factor during sentencing but not for establishment of a GBH charge.

 

[Oilman]

Re: Legal Experts.......

Hmm... yes I think so too.

 

[MW]

Re: Legal Experts.......

Piss off la. U legal expert meh? Stupid barking dog

 

[Oilman]

Re: Legal Experts.......

Hello...see below the Oilman word: Barely Legal.

 

[Oilman]

Re: Legal Experts.......

So this is what this forum is all about. Gang bang people who don't play to their tones?
Anyway this is meaningless. Not keen to visit here anymore.

 

[Meek]

Re: Legal Experts.......

And this is how the fight started.

 

[MW]

Re: Legal Experts.......

Erm, whats yr point in doing this? Now you want to join in?

 

[kenntona]

Re: Legal Experts.......

Nobody CCB garmen?

 

[totoseow]

Re: Legal Experts.......

I wear spandex

 

[MW]

Re: Legal Experts.......

I wear spandex

Then bathe in Asia Square facilities leaving door ajar.

 

[Oilman]

Re: Legal Experts.......

Seriously, are you a politician?

 

[MW]

Re: Legal Experts.......

You sound like a really stupid man.

 

[Red_Bean_Bun]

Re: Legal Experts.......

FT in jail ...... Sure kena .....

Watching 监狱风云 now on TV ......

 

[Oilman]

Re: Legal Experts.......

Can u lend me money?​

 

[kenntona]

Re: Legal Experts.......

Explain the legal process concerning manslaughter in this case.

X punches Y and Z and Z passed away the second day. Should X be charged with assault on Y and assault and manslaughter on Z first?

If autopsy later proves no causal effect between the punch and Z's death, then dropped the manslaughter charge.

But in this case, no manslaughter charge at all?

 

[MW]

Re: Legal Experts.......

Normally 1st charge is preliminary for arraignment purposes, then police investigation, then either retain initial charge or amend charge.

If trial started with say simple assault n then victim dies n there's casual link, charge can be amended there n then but evidential proof n defence will be different. Prosecutor discretion

 

[kenntona]

Re: Legal Experts.......

So it is not a practice of the most serious charge to be applied first.......

One victim died one day after the fight. I am sure he would have been arrested by then but the autopsy will not be out yet..... so there was no need for a manslaughter charge....weird....

Manslaughter charge would also mean that his passport would have been impounded?

 

[Jason8822]

Re: Legal Experts.......

NNB, after 2 pages and the pizza is still not here ???????????????

 

[Meek]

Re: Legal Experts.......

Explain the legal process concerning manslaughter in this case.

X punches Y and Z and Z passed away the second day. Should X be charged with assault on Y and assault and manslaughter on Z first?

If autopsy later proves no causal effect between the punch and Z's death, then dropped the manslaughter charge.

But in this case, no manslaughter charge at all?

Strange. The laMWyer din explain the eggshells thin skull rule? Oh wait. Maybe he no legal expert... oooops.