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Old 12-09-2012, 09:09 AM   #16
Lornce
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Quote:
Originally Posted by navi View Post
It's not about Justice and Vengeance, it about being and taking responsibility for ones actions

It's about being accountable.

It's about projecting the rest of the world that its not acceptable to get wiped up on booze and drugs and then go for a drive

It's about the rider not having the right to live because she had the right to drive high, without recourse
I don't think the court's decision ignores any of that.
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Old 12-09-2012, 10:45 AM   #17
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Quote:
Originally Posted by Lornce View Post
An unspeakably tragic incident. There's no question about that. As I understand the court's decision, there was nothing particularly positive to be gained by incarcertating a mother of three children for a lengthy jail term.

Justice and vengence are very different issues.
Agreed they are, however had that mother been caught/seen spanking her child in public the "society" would have removed her children for fear of abuse; it seems that the BC government simply wants to avoid the carrying costs either way! Incarceration may very well save the lives of her children.. No justice served up here!!
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Old 12-09-2012, 05:28 PM   #18
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Quote:
Originally Posted by navi View Post
it's not about justice and vengeance, it about being and taking responsibility for ones actions

it's about being accountable.

It's about projecting the rest of the world that its not acceptable to get wiped up on booze and drugs and then go for a drive

it's about the rider not having the right to live because she had the right to drive high, without recourse
+1
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Old 12-09-2012, 06:19 PM   #19
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Absolutely

+2, Imagine if it was your child that was killed. Some times punishment is as appropriate as rehabilitation. The judges reasoning could likely reverse 90% of drunken driving convictions.

Quote:
Originally Posted by navi View Post
It's not about Justice and Vengeance, it about being and taking responsibility for ones actions

It's about being accountable.

It's about projecting the rest of the world that its not acceptable to get wiped up on booze and drugs and then go for a drive

It's about the rider not having the right to live because she had the right to drive high, without recourse
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Old 12-09-2012, 08:24 PM   #20
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Wow, just wow....
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Old 12-10-2012, 05:03 AM   #21
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At the very least, she should never have another drivers licence. I think impaired driving causing death should be treated as a homicide.
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Old 12-10-2012, 08:53 AM   #22
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Lock her up and throw away the key

She gave up her rights when she got drunk and drove...oh ya then killed someone. Her kids will be better off being looked after by someone who isn't a douche bag.

Do the crime, pay the time = justice. Not whats best for her kids....crap that isnt even part of the equation nor is her troubled past. What a freaking joke. Emails sent
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Old 12-10-2012, 09:07 AM   #23
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Lets see, she's 36 yrs old, been on drugs since she was 15. How long had she been driving impaired seemingly without getting caught "on time"???

Yes....permanent driving ban! And keep Social Services/ Child protection services on her ass about her children. That could keep her busy for a long while.

And then maybe in 10 years if she ever get a car again, someone may remember her and make sure her car won't drive too far, if anywhere...!

Effing Trans Canada from Victoria to Nanaimo,never been good to motorcyclists that road. Don't know maybe nothing to do with drugs and booze but for some reason "that" road seems to bring the worst out of some drivers. I moved out of there 15 years ago,spent a couple hours in the Western Communities then drove to Ladysmith a couple weeks ago, I think it got much worse.
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Old 12-10-2012, 05:42 PM   #24
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http://ottawa.ctvnews.ca/drunk-drive...ears-1.1072950

just a comparisen, Young boy hits a young mother of two, gets a 5 year holiday.

so he should be able to appeal because dui causing death is a federal crime, isn't it?
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Old 12-22-2012, 01:05 PM   #25
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Just heard on CBC radio that the Crown is appealing the one day sentence.
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Old 12-22-2012, 03:04 PM   #26
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I'm surprised some one from MADD hasn't made a comment. They usually have a representative in those types of court cases.
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Old 12-22-2012, 09:18 PM   #27
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Crown seeks longer sentence for driver in fatal crash
LOUISE DICKSON , TIMES COLONIST DECEMBER 21, 2012

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The B.C. criminal justice branch has filed an appeal application seeking a longer jail sentence for an impaired driver who killed a motorcyclist on the Trans-Canada Highway last year.
Tracy Dawn Smith, a 36-year-old mother of three, pleaded guilty on June 19 to impaired driving causing the death of Jana Mahenthiran on Canada Day 2011.

On Dec. 6, Victoria provincial Judge Robert Higinbotham imposed a one-day jail sentence on Smith, followed by three years’ probation. He ordered Smith to continue treatment with the VisionQuest Recovery Society at Harte House in Surrey, where she has essentially been under house arrest since the crash. Higinbotham also imposed a 10-year driving prohibition and ordered Smith to complete an additional 200 hours of community service.

On Friday, the criminal justice branch issued a news release saying it’s seeking to have Smith’s sentence “substantially increased.” A tentative hearing date has been set for Feb. 27 in Victoria.

Lawyer Bob Jones, who represented Smith during the proceedings, said he was disappointed by the decision. “Tracy Smith was released into a treatment centre. She’s gone through almost 18 months of treatment and probably benefits more from that than languishing in a provincial institution where she’s going to get minimal counselling and probably be surrounded by some notorious characters who might well steal any recovery she’s made,” he said.

Jones said he did not get the impression people were outraged by the sentence, but he didn’t know if the Crown or Attorney General’s office received myriad letters complaining that impaired drivers deserve heavier sentences.

“In my view, they’re bowing to the mob,” said Jones. “In [Charles Dickens’s] A Tale of Two Cities, Madame Defarge is knitting in the front row at the Place de la Concorde, yelling ‘;Off with his head.’

“This is the reaction, frankly. This was a reasoned and sensible decision, one structured towards rehabilitation, with the proviso in it that if Tracy breaches a condition, she’s going to go to jail.”

Smith has shown she is remorseful and has done her best to modify her behaviour, Jones said.

When he spoke to Smith on Thursday, she didn’t seem upset, he said. “She might have been worried this was going to happen all along.”

ldickson@timescolonist.com
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Old 12-23-2012, 04:56 AM   #28
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To me the theory of justice is "Justice is blind" everyone is treated equal under the law. In Canada this is not the case for a while now. This throws the justice system into disrupute with the citizens. If we want our justice system to survive, our form of govermnent for that matter, we need to get it back under control.

I'm guessing that the average white male that did this would get years in jail, 10 maybe, a guy like Monty, he got a month stay at home and had to write a letter to the family saying he was sorry and this lady gets one day. Not too fair IMHO. We don't know all the facts, we were not in the court room to hear everything, it is folly to trust everything that is written in a newspaper BUT, this sentence is so far out there that it is a joke.

Common sense needs to start breaking out, hopefully in my lifetime.
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