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加拿大第一個被控以愛滋病殺人的Johnson Aziga,被裁審員判决第一級謀殺罪名成立。據加拿大國家廣播公司CBC報導: 罪犯年52歲,性別男,在1996年知道有愛滋病之後,拒絕聽從衛生部指示,在性交前不告訢女方他有傳染病,在沒有警告情形之下与他發生性行為的11個受害者中(包括他寫字楼同事和在酒吧識的女朋友),兩人因受染而死亡,四人未有症狀,其她的都似乎已被愛滋病菌蠶食至死亡边沿。
這是加拿大法庭,第一次判决以愛滋病殺人的先例。根據本地法律,因aggravated sexual assault,而令他/她人死亡的罪行是屬最嚴重的第一級謀殺first degree murder,罪名成立是会被判終身監禁,25年內不能申請假釋出獄。
References:
* "Ontario man found guilty in HIV murder trial" CBC, April 4, 2009 http://www.cbc.ca/canada/story/2009/04/04/aziga-verdict.html#socialcomments
* "Murder: Canada - First and Second Degree" Wikipedia http://en.wikipedia.org/wiki/Murder#Canada
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10 comments:
好一個自私自利的人版。
佢可能有”報復心”加變態，
要睇埋心理醫生，
不過咁樣會唔會又告佢唔入呢？
Gwen: Yes, many people would agree with you !!!
新鮮人: Obviously, he was fit for trial. The guilty verdict of first degree murder implies that the man was quite aware of what he was doing and that his actions had not been influenced by mental illnesses and the likes.
謝謝你的留言^^
有關這篇報導的男人... 真的很賤...
Anmary:
聽說受害者及死者親屬,將会上庭宣讀victims' statements。希望法官会判以嚴刑,令他永世不得翻生!!
佢會唔會話自己因為得了愛滋病,
因而對別人產生仇恨心,
心理產生不平衡,
因而做出一些自己都唔想嘅嘢呢?
你知時常有人用這些借口"脫罪"嘛!
新鮮兄:
嗱,我唔係律司,以下完全非官式!!
1. General comments:
If a person is deemed "insane" (including having mental illnesses and disorder) by medical professionals, then the judicial system might find the accused not guilty by reason of insanity (NGRI). That was the case with the "Greyhound Bus murder" that happened in central Canada not long ago. The accused was found to be mentally ill at the time.
In the USA, there were two sample cases in which the accused were found not guilty of the more serious charge of 1st/2nd degree murder based on a "partial" insanity argument:
(a) Dan White who had killed Milk and Mosone was found guilty of voluntary manslaughter based on the argument of "diminished capacity" (the Twinkie defense) i.e. He could not have controlled his actions.
(b) Lorena Bobbitt, who had cut off his sleeping husband's penis at home with a carving knife and threw it out of the window of her moving car, was found NGRI due to an "irresistible impulse" to attack her husband. i.e. She was not liable for her action.
It is true some defense lawyers might submit and present the insanity argument on behalf of clients to avoid the more serious charges of 1st/2nd degree murder and man slaughter. A court will usually rely on the relevant opinions of the expert witness as opposed to an unsubstantiated "claim" made by the defense team. However, the defense may choose to cross-examine the Crown's expert witness, or even present expert witness of their own if the court so agree. Indeed, there are cases in which the judge and jury have to weigh diametric opinions from expert witnesses from both sides.
This is a long-way to say: Yes, there have been successful cases in which the accused was found not guilty of 1st/2nd degree murder by reason of insanity, including the argument of "心理產生不平衡".
2. Specific Comments:
However, in the "HIV murder" case, the prosecutor successfully charged the accused with aggravated sexual assault, which automatically carries the penalty of 1st degree murder under Canada's Criminal Code. He was also deemed not mentally ill.
謝謝你的解說,
我咁問係因為有少人會濫用"精神病"來脫罪,
法律有時真係好難講!
新鮮人: 我明白,法律有時是很technical的,所以有人会走「法律隙」。
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