Jail for shooting face...

Re: Jail for shooting face...

Postby dle » Dec 14th, 2017, 1:02 pm

....and even more

The prosecution was asking for a six year and three month jail term, but Judge Shaw dismissed the case law presented to her during the sentencing hearing, stating the Martel case was unique.

“Mr. Martel did not ever point the gun at anyone, including his wife,” Shaw said, adding he co-operated with police completely once he broke into the school.

Martel has a “very dated” criminal record, with four offences between 1997 and 2001.


And last but not least the burr under my saddle of course...

Martel has already spent 348 days in jail, good for 522 days worth of credit. He will be released in 938 days, or 2.57 years. 348 IN JAIL = 522 CREDIT!!! And he's off to the races in 2.57 years out of a 4 year MANDATORY sentence.......

:200:
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Re: Jail for shooting face...

Postby Fancy » Dec 14th, 2017, 1:11 pm

Like I said - aggravated assault. There's different criteria in sentencing.
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Re: Jail for shooting face...

Postby dle » Dec 14th, 2017, 1:21 pm

Fancy wrote:Like I said - aggravated assault. There's different criteria in sentencing.


ya okay they are different charges - I get that - but how on earth is shooting someone point blank in the face, which got face-shooter dude aggravated assault,(which is a more serious charge), worth a lesser jail sentence than the poor-me boozeup dude down in Penticton which netted him the less serious charges of unlawful discharge of a firearm, B&E, and uttering threats carrying a MANDATORY sentence for the firearm portion of 4 years??

backasswards!
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Re: Jail for shooting face...

Postby dogspoiler » Dec 14th, 2017, 1:48 pm

Exactly. The Penticton charge was for the illegal discharge of a firearm. It seems to me that to shoot someone in the face in a mobile home park would carry a similar charge.
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Re: Jail for shooting face...

Postby dle » Dec 14th, 2017, 1:54 pm

dogspoiler wrote:Exactly. The Penticton charge was for the illegal discharge of a firearm. It seems to me that to shoot someone in the face in a mobile home park would carry a similar charge.


Face shooter should be an even worse charge, because Penticton dude didn't aim at anyone, or shoot anyone.
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Re: Jail for shooting face...

Postby Fancy » Dec 14th, 2017, 2:02 pm

dogspoiler wrote:Exactly. The Penticton charge was for the illegal discharge of a firearm. It seems to me that to shoot someone in the face in a mobile home park would carry a similar charge.


I haven't really delved into these cases but the previous convictions might have played a part:
Martel has a dated criminal record ranging from 1997 to 2001 including convictions for break and enter, assault, sexual interference and a breach of probation.

and this fact:
(b) in the case of a second or subsequent offence, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of three years.

http://laws-lois.justice.gc.ca/eng/acts ... on-85.html

As far as Jeremy Matherly is concerned, he pleaded guilty to the lesser charge and it was taken into account the shooting was provoked.

Welcome to our legal system.
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