Jimmys Court Hearing

[N47HAN]

Hi All,

Most of you may remember a thread a while back about Jimmy ( the guy who parked his car , went to bed and someone ran into it killing themselves)

The original thread will be about

Well He was in court to hear the outcome of his appeal......

The Result ....

Two years probation , thirty hours community service and a fine of 5,000 Thb !!

And to all, hes having a Get Out of Jail party tonight at his bar ( The Drift Inn on (Sai Uan) heading from chalong circle towards rawai turn left at the seven eleven two clicks on your right .

60 baht for a bottle of cider too !!

[macahoom]

I'm sure he's a happy man.

I am aware of the detail of what happened and why he had to go to court, but what was he appealing?

[N47HAN]

I'm sure he's a happy man.

I am aware of the detail of what happened and why he had to go to court, but what was he appealing?

He was originally found guilty and handed down a prison sentance of two years

[Wellington]

I'm sure he's a happy man.

I am aware of the detail of what happened and why he had to go to court, but what was he appealing?

He was originally found guilty and handed down a prison sentance of two years

Guilty of what;

Parking his car?

[LivinginKata]

He was originally found guilty and handed down a prison sentance of two years

Guilty of what;

Parking his car?

Yes, I know. Seems ridiculous, but a young lady died, and that's just the way the law works in Thailand. He did well with the appeal. He's lucky he was not deported. My best wishes to Jimmy.

[McFarang]

I'm sure he's a happy man.

I am aware of the detail of what happened and why he had to go to court, but what was he appealing?

He was originally found guilty and handed down a prison sentance of two years

Guilty of what;

Parking his car?

Thats right parking his car under a streetlight slightly over the white line and a local drove into the back of him around 3am and died.

Two years in Jail.

I am happy for Jimmy its has been a hell of a burden on his mind and I am sad I will miss his Get Out Of Jail Party he is a great guy always helping others always with a smile on his face.

Good luck Jimmy for the future see you at the end of the month for the fishing competition and have a great night.

[BillR]

what does community service in Thailand entail?

[Abrak]

Out of interest how do we know he is not going to be deported.

As I understand things this is not part of the 'court judgment' but solely at the discretion of 'immigration'. Given that he was handed a 'sentence' he was presumably found guilty of something (even if it was only illegal parking.) I just wondered why people can assume that he will not be deported or 'blacklisted'.

[BangTaoBoy]

Was he held in custody all this time or was he out on bail?

Either way, it was a very unfortunate incident, but not one he should have ever done time for. Good luck to him, I'm sure tonight will be a bash he will never forget.

[Boater]

wow .. scary stuff, 2 years in jail for parking your car and someone drives into it and your found guilty !! only in thailand

[Mario2008]

Out of interest how do we know he is not going to be deported.

As I understand things this is not part of the 'court judgment' but solely at the discretion of 'immigration'. Given that he was handed a 'sentence' he was presumably found guilty of something (even if it was only illegal parking.) I just wondered why people can assume that he will not be deported or 'blacklisted'.

Immigration doesn't have discretion, the law states that a foreigner must be deported, exept in certain cases. I believe when the offense is caused by neglegence there is no deportation.

[thaiwanderer]

Separate from general dfeportation issue, presumably he is now guilty of overstay?

Edited January 21, 2011 by thaiwanderer

[Valentine]

Separate from general dfeportation issue, presumably he is now guilty of overstay?

This was a big hassle for him considering they were holding his passport but he managed to keep all his paperwork in order.

[Tatsujin]

Am pleased Jimmy got things sorted (relatively) in his favor.

With reference to the blacklist/deportation issue, I was of the understanding that (by Thai Law) if you are found guilty of ANY crime, you are automatically blacklisted . . . is it the case then that it only applies to 'certain' crimes?

I wish Jimmy well, the Law does seem rather bizarre and unfair here on (most) occasions I have to say . . .

[Nawtier]

How long did he actually spend in jail waiting to get out ??

Did he have to pay anything ??

Strange really.....park your car and someone hits it and dies.....totally their fault.

A 16yo girl kills 9 people and is out free and easy.

[grumpyoldman]

HOORAY !

When I first heard this story I was amazed as Jimmy had been parking his car in the same spot for some time. If it was a problem he should have been notified before the accident, not taken to the cleaners after something happened. But anyway, good news, I guess I missed the party, that was Friday night?

[MrE]

Not only in Thailand. In most countries, depending on the mood of the district attorney's office, this could easily have been prosecuted as negligent homicide or involuntary manslaughter. The normal criteria is, if someone is killed as the result of any violation of the law, it can become a criminal offense. Just because the majority of people break the same law on a regular basis, it doesn't negate the fact that in this case someone died because of it. Jimmy was lucky that he didn't go to prison or get deported.

wow .. scary stuff, 2 years in jail for parking your car and someone drives into it and your found guilty !! only in thailand

[barka]

Not only in Thailand. In most countries, depending on the mood of the district attorney's office, this could easily have been prosecuted as negligent homicide or involuntary manslaughter. The normal criteria is, if someone is killed as the result of any violation of the law, it can become a criminal offense. Just because the majority of people break the same law on a regular basis, it doesn't negate the fact that in this case someone died because of it. Jimmy was lucky that he didn't go to prison or get deported.

wow .. scary stuff, 2 years in jail for parking your car and someone drives into it and your found guilty !! only in thailand

OK..so weres the commensense law..eg a drunken driver with no license hits your parked car while you were asleep and kills herself..

..and you were to blame..this would never stand up in any court in the world..even with a bad lawyer representing you...especially if you had insurance...this case should never even been brought to court...but sometimes i forget this is....LOS...THAILAND.....GLAD YOU GOT THIS RESULT...JIMMY

[MrE]

.this would never stand up in any court in the world..even with a bad lawyer representing you...especially if you had insurance...this case should never even been brought to court...

If you were to read case law and law enforcement records from the US, UK, EU, Australia, Japan you would find that there have been thousands of prosecutions involving people who inadvertently killed someone else through negligence, mistake or accident without malice. It is a criminal offense in these countries to cause the death of someone else whether intentional or not if there was some degree of malfeasance and that includes breaking even a minor law concerning safety. If your child leaves a toy on a dark staircase and a drunken neighbor falls because of it and dies, you are legally liable. If you leave a weapon in your locked car and someone breaks into it, steals the weapon and hurts someone with it, you are legally responsible. If you park illegally with your vehicle protruding onto a thoroughfare and someone drives into your vehicle, you are at fault in any country.

The difference here is that the responsible person can usually avoid most legal hassles of this kind by expressing remorse, offering the family monetary compensation and attending the funeral of the victim.

[Nawtier]

So why did Jimmy not avoid jail in the first instance....

[barka]

So why did Jimmy not avoid jail in the first instance....

Its a long story....and the main reason....not about law...LACK OF COMMON SENSE... on all sides...

[LivinLOS]

He was originally found guilty and handed down a prison sentance of two years

Guilty of what;

Parking his car?

Yes, I know. Seems ridiculous, but a young lady died, and that's just the way the law works in Thailand. He did well with the appeal. He's lucky he was not deported. My best wishes to Jimmy.

You mean thats the way the law works if your name is not 'na ayathaya'

Lets see how much custodial sentence Prewa ends up with after driving without a license, underage, rear ending the van, and killing 10 people.