Court Jails Son Of Miss Thailand For Ten Years

[neverdie]

Premeditated-murder is usually life, isn't it. The fact that the defendant had already paid some compensation to the injured is not a western practice. Maybe paying the judge some compensation would help. I also thought the defendant had a history of irrational behavior. Is he in jail now? He sounds like he'll eventually kill someone else.

This penalty is far higher than it would be in my home-country so I cannot really complain about any leniency or them being soft on him.

Oh, and premeditated isn't applicable here as it happened during an argument where one thing lead to another. There was no pre-planning involved.

TAWP,

I missed it first time around too. But the start of this news report says:-

BANGKOK: -- Phrakanong Court on Friday sentenced Kanpitak Pachimsawas, 21, son of former Miss Thailand, to 15 years and two months in jail on charges of premeditated-murder due to his aggressive driving which killed one and injured three others.

I think thats where everyones pre-meditated murder part is coming from. After reading the post that SBK put in on page 1, I dont think that there was any argument involved, only in the offenders mind. From what I can gather hes taken exception to something and then punted the merc at the people waiting for the bus. He must be a true

Edited January 30, 2009 by neverdie

[TAWP]

There was an argument going on as the whole ordeal started with a traffic-incident. Read back in the old threads about this case. (Locked, further down on the page in this sub-forum.)

No doubt the man is guilty and a moron, just that pre-meditated is used lightly by some. Including the justice system. The prosecutor does not need to aim for the stars to get a long sentence but sometimes they do. (Not every country has the 'can only render verdict on the exact charge given' but allows the court to downgrade the charge if needed.)

[neverdie]

There was an argument going on as the whole ordeal started with a traffic-incident. Read back in the old threads about this case. (Locked, further down on the page in this sub-forum.)

No doubt the man is guilty and a moron, just that pre-meditated is used lightly by some. Including the justice system. The prosecutor does not need to aim for the stars to get a long sentence but sometimes they do. (Not every country has the 'can only render verdict on the exact charge given' but allows the court to downgrade the charge if needed.)

The whole thing seems a bit strange to me & yes I agree with your comments about the pre-meditated murder part. It seems a bit odd that someone having a tiff with another driver (bus driver) as they travel along a roadway in their merc....then suddenly has a pre-meditation to murder an innocent by-stander who had nothing to do with any of it, with the exception of being a person waiting at a bus stop.

Having said that, what did the moron think the outcome of running these people down, would be? Your right on all accounts, he was a moron & probably still is. Who gives a dam_n who his ugly mother is....she obviously didnt teach him any values in relation to life.

[adad]

Who gives a dam_n who his ugly mother is....she obviously didnt teach him any values in relation to life.

In case you wonder.

[neverdie]

Who gives a dam_n who his ugly mother is....she obviously didnt teach him any values in relation to life.

In case you wonder.

Thanks for that adad....LOOKS LIKE I WAS RIGHT, shes got a head on her like a smacked arse!

[SmugFarangBore]

Having said that, what I said had nothing to do with an 'Accidental Death' it was a case of Dangerous Driving which in that country is a criminal offence, a cateogry 1 offence, listed straight under Manslaughter....theres not that bigger difference now is there? Perhaps its only a matter of intent.

Vehicular manslaughter is the unlawful and accidental killing of an individual using a motor vehicle as a means of bringing about their death.

From the UK DVLA website.

[TAWP]

We are not in Kansas anymore Dorothy...

[neverdie]

Having said that, what I said had nothing to do with an 'Accidental Death' it was a case of Dangerous Driving which in that country is a criminal offence, a cateogry 1 offence, listed straight under Manslaughter....theres not that bigger difference now is there? Perhaps its only a matter of intent.

Vehicular manslaughter is the unlawful and accidental killing of an individual using a motor vehicle as a means of bringing about their death.

From the UK DVLA website.

I don't really care about what they call it in the UK. I was referring as you might remember about Australia, that was my original comment that you critised me about.

If you do your research in Australia you will find that there has been much revision in relation to the word 'Accident' and its meaning within the law. It is now common for the word 'accident' to be reserved for those incidents which are truely accidents and the word 'collision', 'impact' or 'crash' to be used where blame can be attributed towards someone.

If you look at some of the definitions of the word accident, you may see things like "anything that happens suddenly or by chance without an apparent cause" and many other versions of this. Many accidents are NOT ACCIDENTS, there is a reason or cause for what happened. Its only a play of words.

I don't need to google things that relate to this, as it is an area in which I specialised for a great number of years, I am well qualified and experience in the field. If you doubt what I am saying, have a squiz at the actual legislation wording below, you won't see the word 'accident' mentioned anywhere, but rather words like 'impact'.

That legislation is section 52A of the Crimes Act of New South Wales, its all there & I guarantee you wont see the word accident mentioned.

As for this incident here in thailand....no part of it was an accident!

Edited January 30, 2009 by neverdie

[G54]

Thats an interesting result. In my home country many drivers who drive dangerously & kill people often leave court with little or no jail time at all. Its good to see the thai court is taken this so seriously.

Having said that, typically, the offender gets 10 years, the victim gets life!

He wasn't 'driving dangerously' - he deliberately drove into the passengers.

There is a distinct difference between 'Dangerous Driving' and this. This was vehicular murder. But, I agree dangerous driving offences do seem to get minimal sentences.

This guy got off lightly for what is tantamount to murder. Mentally unstable? Maybe. More like road rage from some brat who cannot control his temper.

[SmugFarangBore]

As for this incident here in thailand....no part of it was an accident!

Which is why the comparison you made earlier wasn't valid, as I pointed out.

The word accident merely indicates that there was no intent to harm the victim(s). That it was not a deliberate act of malice.

Quite simple.

Edited January 30, 2009 by SmugFarangBore

[malcy]

Thats an interesting result. In my home country many drivers who drive dangerously & kill people often leave court with little or no jail time at all. Its good to see the thai court is taken this so seriously.

Having said that, typically, the offender gets 10 years, the victim gets life!

It's the same in the uk mate , the courts hand out ridiculously leniant sentances and then claim that their hands are tied. You have to feel sorry for the police sometimes when they risk their lives catching these people and then they walk free , and the victims who are powerless .

[geronimo]

Chalerm's son had to do a year on remand for murdering a policeman.

I reckon Moo Ham will do a few month's for murdering a junior level BMTA employee. He will be found not guilty on appeal. Alternatively he could be immediately released on bail and never serve a day.

No chance he'll do anywhere near 10 years.

Thailand's system of seniority (his uncle is a very senior retired policeman and his parents are seriously rich businesspeople) would not allow him to serve 10 years.

Just saw it on Thai TV They said the court rejected that he was mentally unfit to stand trial, adding that this came from being a sloiled child. Didn't say whether he was allowed bail. Can Anyone confirm if he's inside now?

[neverdie]

Thats an interesting result. In my home country many drivers who drive dangerously & kill people often leave court with little or no jail time at all. Its good to see the thai court is taken this so seriously.

Having said that, typically, the offender gets 10 years, the victim gets life!

It's the same in the uk mate , the courts hand out ridiculously leniant sentances and then claim that their hands are tied. You have to feel sorry for the police sometimes when they risk their lives catching these people and then they walk free , and the victims who are powerless .

Its good to see that they are consistent then malcy, its the same in Oz as it is in the motherland....obviously the stupidity has filtered through.

Sadly, I think the problem here relates to something completely different....theres nothing like power and money to pull you thru certain situations.

[geriatrickid]

Enter the - "he'll never serve a day" brigade...

I think they're still choking on choice phrases such as "Conviction is impossible, it's Thailand" and "He'll buy his way out".

[Plus]

Front page of today's Nation says he's released in 5 mil bail.

[marquess]

Front page of today's Nation says he's released in 5 mil bail.

He is a danger to the public and should be in jail pending any appeal!

[neverdie]

Front page of today's Nation says he's released in 5 mil bail.

TYPICALLY, What a sad joke.

[geriatrickid]

Front page of today's Nation says he's released in 5 mil bail.

TYPICALLY, What a sad joke.

Hardly. He has every legal right to appeal. You might not like it, but if you deny him that right you are also denying yourself the right to appeal a conviction. He's not going anywhere. And while he waits he's living in fear while his parents burn through money. I don't care how rich the family is, they aren't too pleased spending a small fortune on their boy wonder.

[Bearhawk07]

I don't know how anyone could forget this. It was in the headlines for a good few weeks. He's the one with the Father that scorned on the injured and and shouted that they were uneducated and shouldn't get compensation! The Father also showed off that the boy's uncle was either a current police chief or ex-one, and that this would help his case....He really seemed the worst of his kind...can't think who else would stoop so low. Probably not even Adolf Hitler.

I'm in the camp who thinks he'll hardly serve anything, and no doubt have his own cell for "medical reasons". All I am wondering is if this case is a result of the new government and the policy to speed up old cases, and stop the revolution between the rich and poor, or if all that's just a coincidence....

My Thai wife claims that, up to this point in time, he has not even had his drivers license revoked. Does that seem odd? The judge did tell him to drive carefuuly in the future.

[TAWP]

And 5 MB, to be fair, would be a hefty sum for many farangs here too to scrape together without selling any and all properties one might have.

[neverdie]

Front page of today's Nation says he's released in 5 mil bail.

TYPICALLY, What a sad joke.

Hardly. He has every legal right to appeal. You might not like it, but if you deny him that right you are also denying yourself the right to appeal a conviction. He's not going anywhere. And while he waits he's living in fear while his parents burn through money. I don't care how rich the family is, they aren't too pleased spending a small fortune on their boy wonder.

I understand how the legal system works thanks.....its as broken as the world financial systems.

This is the perfect example of a case where someone as guilty as hel_l can waste tax payers money by clogging up the courts as they appeal their way through the various irregardless of how guilty they are.

Next your going to ask me for a solution & esentially I will have to concede what your saying is right given that it is possible (but rare) that innocent

people are sometimes convicted in courts. Based on what I have seen, the majority of people that have convictions overturned at the higher levels of court, have them overturned on the basis of a technicality or similar & despite being as guilty as hel_l they still walk free.

No matter what way you look at it, its a joke, try talking to victims and victims families after this has happened, you will soon realise what I'm talking about.

Having said that, I obviously know very little about this case....but based on what I have read, something smells & for once its not the klong!

By all means, let this grub appeal, but let him appeal from a dark dingy cell, have some respect for the true victims of this crime and stop worrying so much about grubs like this.

Edited January 31, 2009 by neverdie

[Dakhar]

There was an argument going on as the whole ordeal started with a traffic-incident. Read back in the old threads about this case. (Locked, further down on the page in this sub-forum.)

No doubt the man is guilty and a moron, just that pre-meditated is used lightly by some. Including the justice system. The prosecutor does not need to aim for the stars to get a long sentence but sometimes they do. (Not every country has the 'can only render verdict on the exact charge given' but allows the court to downgrade the charge if needed.)

The whole thing seems a bit strange to me & yes I agree with your comments about the pre-meditated murder part. It seems a bit odd that someone having a tiff with another driver (bus driver) as they travel along a roadway in their merc....then suddenly has a pre-meditation to murder an innocent by-stander who had nothing to do with any of it, with the exception of being a person waiting at a bus stop.

Having said that, what did the moron think the outcome of running these people down, would be? Your right on all accounts, he was a moron & probably still is. Who gives a dam_n who his ugly mother is....she obviously didnt teach him any values in relation to life.

There was a case some time back where a Thai guy was angry with his gf/wife and decided that throwing a rock at a moving vehicle was a good way to blow off some steam.... which ultimatley ended in the killing of an inocent pre-teen child.

Harming inocent by standers, seems to be the thing to do here in the land of smiles

[neverdie]

Dakhar,

If that is how it happened, then there is no doubt that person is guilty of an offence......but bleeding hearts will tell you, if hes rich and famous or related to someone that is (the elite) then he can pay the right people to drag that case through every court in the land & remain free whilst doing so until some idiot rules in his favour & he eventually walks free. What a joke.

What happened to that guy, do you know?

[RusticCharm]

Enter the - "he'll never serve a day" brigade...

I think they're still choking on choice phrases such as "Conviction is impossible, it's Thailand" and "He'll buy his way out".

Hardly!

It's not over yet, as the following post shows.

Front page of today's Nation says he's released in 5 mil bail.

He'll either get away with it (on appeal) like Duangchalerm or do a runner like Taksin. Edited January 31, 2009 by RusticCharm

[dansexperience]

his sentenced was reduced by 5 years by pleading guilty so really if he wanted to appeal he should be doing it behind bars.

Edited January 31, 2009 by dansexperience

[Briggsy]

RusticCharm

You are incorrect. Duangchalerm got away with it at his initial trial. He spent a year in prison during his trial.

dansexperience

You are incorrect. Moo Ham's sentence was reduced by 5 years due to compensation payments not his plea. I believe he pled not guilty due to a previously undiagnosed mental condition.

Mods

Would it be a good idea to change the title of the thread to show he is not in jail? Just an idea.

[dansexperience]

"The court initially gave him a 15-year jail term for attempted murder and another two months in prison for assaulting others. As he confessed to the charges, the court reduced the sentence by a third to 10 years and one month in jail."

This was from the Bangkok post article, so I assumed his plea was a reason for his sentence being reduced.

[SmugFarangBore]

My Thai wife claims that, up to this point in time, he has not even had his drivers license revoked. Does that seem odd? The judge did tell him to drive carefuuly in the future.

That is correct. Even after the second documented incident of road rage about a month after his initial offence of ploughing his Mercedes into the bus queue his license was still not revoked.

As I recall during the second incident he brazenly challenged people with veiled threats regards to his status and his connections to influencial people.

[ComicBum]

Another classic case of 'Spoiled-Brat-Syndrome'- The male species in this country has been feminized through too much 'mommy' love. This is largely an Asian phenomena that turns the male into a full fledged Momma's boy. Add a sense of affluence into the equation and you have a potential brat-bomb - BOOM!

When it comes to road rage my favorite saying is "don't get your panties tied in a knot"

[Briggsy]

"The court initially gave him a 15-year jail term for attempted murder and another two months in prison for assaulting others. As he confessed to the charges, the court reduced the sentence by a third to 10 years and one month in jail."

This was from the Bangkok post article, so I assumed his plea was a reason for his sentence being reduced.

"The penalty was reduced to 10 years and one month as the defendant had already paid some compensation to the injured."

This is from The Nation. I should add the charge in The Nation was murder. This would make more sense as he killed somebody.

You didn't just make the Bangkok Post quote up, did you?