Suspended jail term in line with global practice: Thai judge

[webfact]

Suspended jail term in line with global practice: judge
Opas Boonlom
The Nation

BANGKOK: -- THE criminal punishment meted out to a young woman whose driving on a Bangkok tollway resulted in nine deaths in 2010 - when she was underage - followed international practice, Supreme Court judge Sri-amporn Salikupt said yesterday.

"She was a minor at the time of the accident. For juveniles, courts focus on rehabilitation, not incarceration," she said.

Some people have questioned her punishment this week when it becomes final that she should receive a suspended jail term, plus an order to perform community service and a temporary driving ban.

One victim's family said they felt the driver - now 21 - showed no remorse for the misery and pain that she caused.

The sentence became final on Monday when the Supreme Court upheld the earlier verdict and threw out an appeal by the defendant.

Sri-amporn, who was not involved in the case, said that according to the Convention on the Rights of the Child, a jail term would be the last option for penalising juvenile convicts.

"Besides, this was an accident, not a murder," she said.

The defendant could also be liable to monetary claims. "Being a minor does not affect civil proceedings. Compensation is based on actual damages," she said.

Source: http://www.nationmultimedia.com/national/Suspended-jail-term-in-line-with-global-practice-j-30259951.html


-- The Nation 2015-05-13

[DavisH]

So when do we expect the ferrari driving cop killer to appear in court and be charger with manslaughter? He's not a minor. Let's also look at international practice for the well-off criminals.

Edited May 13, 2015 by DavisH

[thesetat2013]

Although I have not researched to send out links I seem to recall that if a minor commits a serious crime like killing people they are incarcerated into a prison for minors and then when they reach the age of 18 they are moved into a normal prison.

This girl, although a minor at the time of the incident was not a child and she knowingly got behind the wheel of that car without a license making her culpable for her actions. The statement this thread makes about it being in line with international standards is probably only made to appease the ignorant who believe what they read in the Thai news

[Chupup]

Probation is NO deterrent, and this person showed no remorse, go pick mushrooms, get jail time, KILL 9 people get 2 years probation, if it wasn't so serious it would be laughable

[Chupup]

So when do we expect the ferrari driving cop killer to appear in court and be charger with manslaughter? He's not a minor. Let's also look at international practice for the well-off criminals.

Not any time soon i would think being WHO he is, so don't hold your breath

[whatawonderfulday]

I think most people understand that judges in this country are biased and "directed" into sentencing terms by the group of persons who appoint them. Thus ensuring that the wealthy or well connected or both, either get ff scott free or have the utmost leniency shown. Just another example of absolute corrupt practice at the highest levels.

[bangkokheat]

i think its about time the underage age be lowered, if not then there should be a "child" prison

[smutcakes]

As Prayuth says, we should trust the judiciary.......

Yet another example of one of the key areas where reform was necessary...... and yet the wait for any reform (of anything) goes on...............

[r136dg]

Just read about an adult killing two Brits on holiday in Samui. Suspended sentence & small fine. Global practice?

Edited May 13, 2015 by r136dg

[johnnytuc]

Global practice of Thailand! What a sick but expected statement!

[DoctorG]

Can anyone find, anywhere in the world, where a killer of 9 people received a suspended sentence?

(I know some of you guys are keen researchers)

[razer]

Life is cheap in Thailand

[Lee4Life]

Although I have not researched to send out links I seem to recall that if a minor commits a serious crime like killing people they are incarcerated into a prison for minors and then when they reach the age of 18 they are moved into a normal prison.

This girl, although a minor at the time of the incident was not a child and she knowingly got behind the wheel of that car without a license making her culpable for her actions. The statement this thread makes about it being in line with international standards is probably only made to appease the ignorant who believe what they read in the Thai news

Back home it is not uncommon for minors who have committed serious acts to be charged as adults when those acts caused significant loss of life or damage. I am not stating this because I believe this should be adopted here...but people should have a correct understanding of "global practices"

[MobileContent]

When a minor in Germany drives without a license and someones car their will be prison. A teenager isn't really a minor so the judge comes back with he followed followed international practice. In the UK, Germany, the US and even Australia this suppose to be minor would have been send to a juvenile prison. This is totally rubbish.

BTW A boy in our village was court with 3 yaba pills a few months ago and he still has not been seen for the past 3 months. Rumors are he got 1 year prison. He too is a minor at age 17.

In Singapore that HiSo would be toast and in Indonesia, Malaysia or Brunei as well.

Edited May 13, 2015 by MobileContent

[oneday]

As someone above said, she is not underage now so NOW she should go to jail and pay for her crime.

[realenglish1]

So when do we expect the ferrari driving cop killer to appear in court and be charger with manslaughter? He's not a minor. Let's also look at international practice for the well-off criminals.

Talk about Justice Red Bull heir Vorayuth Yoovidhaya is still in Singapore evading prosecution . It should be easy to extradite the scum bag

This is who should be apprehended and put on trial . He hit and killed a police officer Just because he is the Red Bull Heir means he can

pay people off so to avoid prosecution

OK then Lets boycott Red Bull

[Manbing]

"Besides, this was an accident, not a murder," she said.

Its not legally an accident if you are unlicensed and underage. Its criminally negligent. Therefore she should not be charged with causing an accident she should be charged with unlawfully killing 9 people.

If her name was not Na Ayutaya, she would be in a lot more trouble.

Confirmation of that legal precedent in Thai law:

http://www.hurriyetdailynews.com/polish-couple-among-victims-of-thai-ferry-sinking.aspx?pageID=517&nID=57394&NewsCatID=356

[affen02]

The article quote " compensation are based on the actual damage" Sri-Amporn. Does this mean that the girl only have to pay for the broken minivan, destroyed phones, cloths and so on? Just trying to understand.

[ginjag]

Quote " This was an accident" ????? excuse me---incident is the word. I was posting at the time, this was a diabolical case of protecting a Hi So family.

The allowing of car keys, and use should be severely punished. There seemed so much covered up at the time, the police did NOT act in accordance with civilized countries procedures.

I remember also who did not attend the funerals. Amazing, now trying to defend the rich once again. (Ferrari driver as mentioned on TVF is another example)

[ginjag]

Can anyone find, anywhere in the world, where a killer of 9 people received a suspended sentence?

(I know some of you guys are keen researchers)

Somewhere in the remote Amazonian rain forest.

[JOC]

First they make a travesty of justice in this case, and now they have the nerve to claim it is in line with global practice!!

This spoiled brat got of the hook, because she is a Na Ayudhya.

Belonging to the protected species....................

Disgusting!!

[scorecard]

So where is the rehabilitation factor in the sentence she was given.

And please don't say '48 hours of public service'.

But please do tell me that the '48 hours...' component is related to medical attention and/or rehabilitation of folks hurt / seriously hurt in traffic accidents.

[ALLSEEINGEYE]

would like to know who her parents are and how much they are worth.

[technologybytes]

To the people who say that probation is no deterrent.. are you mad? Do you think that prison is a deterrent ??

Also, this was an accident not a murder, as such no deterrent is applicable.

Many lives have been lost or destroyed as a result of this... you want to now destroy the life of a young girl ?????

[micmichd]

As someone above said, she is not underage now so NOW she should go to jail and pay for her crime.

She was underage before, and that's what counts.

Fortunately this is not the Wild West where teenagers get shot by rambo cops.

[technologybytes]

People on this forum are often outraged that here in Thailand families with money can achieve better outcomes in court than the poor.

This is in no way unique to Thailand, in fact the USA is a country where there is a massive difference between sentencing for middle class defendants who can afford a decent lawyer, and poor people who are stuck with the public defender.

It's a reality of life that if you can afford decent legal representation then doors open that would remain closed to the poor.

[Plutojames88]

More ""slants on truth"" by elitists reinventing the judicial system to suit.

Insidious people.

We're the driver from a rural farmers stock the sentence would have been serious.

Reeks of a case down south last year where a culprit appeared to be replaced by harmless Burmese boys, and the ensuring evidence ignored , even the victims blamed.

I so look forward to this show ahead.

# sanctions

# loss of face

# International justice on the Elites in their dying days of power.

# The defeat

It's delusional to think this Thai - Tanic will make safe harbour .

The Icebergs are are ominously plentiful .

[DavisH]

When a minor in Germany drives without a license and someones car their will be prison. A teenager isn't really a minor so the judge comes back with he followed followed international practice. In the UK, Germany, the US and even Australia this suppose to be minor would have been send to a juvenile prison. This is totally rubbish.

BTW A boy in our village was court with 3 yaba pills a few months ago and he still has not been seen for the past 3 months. Rumors are he got 1 year prison. He too is a minor at age 17.

In Singapore that HiSo would be toast and in Indonesia, Malaysia or Brunei as well.

Let's hope with AEC, Thailand will be shown up for just how far they are behind with regards to its impartial justice system, especially how it treats foreigners compared to Thais who have committed the same crime, and how it treats the poor vs the rich. Thailand will certainly not be the hub of human rights and gender equality in the region.

[z42]

When a minor in Germany drives without a license and someones car their will be prison. A teenager isn't really a minor so the judge comes back with he followed followed international practice. In the UK, Germany, the US and even Australia this suppose to be minor would have been send to a juvenile prison. This is totally rubbish.

BTW A boy in our village was court with 3 yaba pills a few months ago and he still has not been seen for the past 3 months. Rumors are he got 1 year prison. He too is a minor at age 17.

In Singapore that HiSo would be toast and in Indonesia, Malaysia or Brunei as well.

[z42]

Sadly you're wrong about Indonesia. Son of a famous sunni singer killed 6 people after underage driving at 167kmh.

He got an even more lenient punishment than this stupid wench