Jump to content

Alleged Aussie Perfume Thieves Out On Bail In Phuket


george

Recommended Posts

  • Replies 101
  • Created
  • Last Reply

Top Posters In This Topic

why is a crime more serious at night???

sounds stupid!!!

how is it any different if something is stolen at night or in the day?? !!

If you go back a few pages I had answered that question. It is due to the fact that, in the case of house burglaries (and apparently covers any theft), that somebody will more likely be at home resulting in a potential dangerous conflict if the thief is confronted. In other words, it's considered a more dangerous situation for the victims and the law takes that into account in sentencing.

Link to comment
Share on other sites

"Because the alleged crime took place at night, they will face more serious penalties than for daylight shoplifting if convicted.:???????? TIT :)

No not heard a word about it.

My secretary's son goes to the same school as the Aussie bar mat thief and she actually met her for the first time last week at a school function, her assessment of the tea leaf..."as rough as hessian underpants"

In most countries that use the British justice system any offence that happens between the hours of 9pm and 6am is considered to be a more serious offence...stealing as against shoplifting in this case! :D

Link to comment
Share on other sites

One post deleted

reason:

21) Not to discuss moderation publicly in the open forum; this includes individual actions, and specific or general policies and issues. You may send a PM to a moderator to discuss individual actions or email support (at) thaivisa.com to discuss moderation policy
Link to comment
Share on other sites

Extract from a legal dictionary.

The requirement that the breaking and entering occur at night was an essential element of the offense (burglary) at common law. Sunrise and sunset were not the means of determining night and day. The proper test was whether the countenance of a human could be discerned by natural light.

Many jurisdictions no longer require that the offense occur at night. Some states have retained it for higher degrees of the offense, but do not require it for all degrees. Under statutes retaining the nighttime element, it is defined as occurring 30 minutes before sunrise or 30 minutes after sunset. It is not necessary that all acts be done on the same night. If the breaking and entering is done one night and the felony is committed a few nights later, the offense is committed.

------------------------------------------------------------------------

In UK common law entering premises during the daylight hours was a lesser offence known as breaking and entering. I believe that this law has now been amended to bring it under the more serious offence of burglary. I think that in the UK a felon who commits a burglary during daylight hours is sentenced more lightly than one using the cover of darkness and if this is so then in practice a distinction is still made.

It would seem that Thailand still deems the time of day that any offence is perpetrated is relevant. I cannot see any logic in this distinction in the case of shoplifting but TIT. Logic couldn't get a visa so was refused entry.

Link to comment
Share on other sites

If the bail had not been paid, and it's a lot totalling 130,000 Baht for the pair of 'em, how long would they have remained incarcerated and under what conditions?

What weight of evidence is required to keep them on remand and who makes this decision?

If, at the trial, they were found innocent, what compensation, if any, would they receive for their loss of liberty on remand and damage to their health from a prolonged stay in a Thai prison?

Would the fact that they had been held on remand sway the judge to find them guilty to avoid any repercussions about holding minors on remand?

Is there in fact any option for these two and for all the others in the same situation to cough up bail usually totalling a 6-figure sum in Baht and then plead guilty to avoid being held in very dangerous and unsanitary conditions for months on end whilst a very lengthy trial process slowly trundles on?

Link to comment
Share on other sites

If the bail had not been paid, and it's a lot totalling 130,000 Baht for the pair of 'em, how long would they have remained incarcerated and under what conditions?

What weight of evidence is required to keep them on remand and who makes this decision?

If, at the trial, they were found innocent, what compensation, if any, would they receive for their loss of liberty on remand and damage to their health from a prolonged stay in a Thai prison?

Would the fact that they had been held on remand sway the judge to find them guilty to avoid any repercussions about holding minors on remand?

Is there in fact any option for these two and for all the others in the same situation to cough up bail usually totalling a 6-figure sum in Baht and then plead guilty to avoid being held in very dangerous and unsanitary conditions for months on end whilst a very lengthy trial process slowly trundles on?

They should be screaming for consular assistance from the Australian Embassy.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 members

    • No registered users viewing this page.











×
×
  • Create New...