Thoughts on the Salman Khan fiasco!!

931547 thumbnail
Posted: 11 years ago
#1
People say that the rich and powerful are above the law. But in some cases being famous, can work against you. As it has for Salman Khan, in this case. I was surprised when this case was upgraded to culpable homicide. At most, its impaired driving causing death. Its clear, the prosecution team is trying to make a name for itself, in this high profile case.

I'm in no way a Salman fan, but nobody gets 10 yrs for drunk driving leading to death. The law is based on precedents and if you look into the archives the worst case scenario for cases like this is 3-4 yrs in jail. The best case scenario is a license suspension for the rest of your life. I presume it will be something in the middle for a high profile case like this.

Just because the Prosecution decided to throw every charge they could find in the book at Salman, doesn't mean they will stick in court.

First they have to prove Salman was behind the wheel, then they have to prove Salman was drinking, then he was over the legal limit. Good luck with that.


Causing Death

Case Citation Sentence Summary
R v Knight 2012 MBPC 52 5.5 years
R. v. Cooper 2007 NSSC 115 7 years two counts of impaired causing death -- offender crossed centre-line and hit oncoming vehicle killing two persons-- one prior conviction -- also sentenced to lifetime driving prohibition and DNA order
R. v. Luskin 2012 ONSC 1764 3.5 years hit mini-van with 5 people, killing 3
R v Anderson 2012 NBQB 32 3 years BAC 203 and 270, flipped car, killed husband passenger
R. v. P.(O.) 2012 ONCJ 1
conviction for 271 and 151; based only on prior statment
R. v. Olsen 2011 ABCA 308 3.5 years
R. v. Ruizfuentes 2010 MBCA 90 4.5 years causing death; BAC 120+, drove through multiple red lights
R. v. Semenko 2011 MBPC 80 police brutality no stay of proceedings
R. v. Junkert [2010] ONCA 549 5 years high speed of driving, hit jogger, no prior record, BAC 130
R. v. G.B. [2010] QCQB 8243 6 years BAC 320, prior record for impaired
R. v. Junkert 2010 ONCA 549 5 years also convicted of dangerous driving causing death--while impaired killed--no prior record--ranges up to 5 years (@ 39 to 49)
R. v. Howe [2007] NBCA 84 3 years BAC 140, hit and killed biker
R. v. Rhyason 2007 ABCA 119 3 years
R. v. Hall [2007] O.J. No. 49 (C.A.) 4 years and 10 months impaired at time--prior related record--10 year driving prohibition
R. v. Nickerson [1991] N.S.J. No. 48, 1991 CanLII 2499 (NS CA) 5 years impaired driving causing death--no prior record--also convicted of impaired driving causing bodiy harm (2 years)
R. v. MacEachern [1990] N.S.J. No. 82 (C.A.) 5 years prior impaired and B&E conviction -- found guiltyu of criminal negligence causing death hitting pedestrian at a crosswalk



These are the maximum penalties Canada has ever laid on cases similar to Salman. Most people get much less, and most don't have the legal team that Salman does. Also Canadian law and Indian law are very similar, both derived from the British law.

In no way am I condoning this, its despicable that someone innocent has to lose their life because the driver was drunk but unfortunately the Law is the law. There's no way that Salman is going away for an extended time.

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blue-ice. thumbnail
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Posted: 11 years ago
#2
Boss ji...I wouldn't be surprised if Salman's lawyers were the master mind behind these upgrades...the bigger the charges ...the better the witnesses and proofs have to be...Its easier to prove lesser charges and put a person behind bars than bigger charges...The main witness in this case is dead...do u think that the courts would convict Salman without actually hearing the main witness...no way...but yeah if the charges that were there before ...it would have been easier for the prosecution to prove them even without the main witness...so this is actually working in Salman's favor...
MostlyHarmIess thumbnail
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Posted: 11 years ago
#3

The charges are of culpable homicide not amounting to murder right .

If he is convicted, they probably would want to give a longer punishment to him to set an example or something

That is IF he is convicted


rogerrocks thumbnail
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Posted: 11 years ago
#4
I mentioned this the very first time the charges were framed.. Section 304A of the IPC talks about death caused by negligence..The maximum punishment for death caused by rash and negligent driving is 2 years..But this applies only in cases where it does not amount to culpable homicide..And here the charge against him is culpable homicide not amounting to murder where the maximum punishment is 10 years..I don even get why he has been charged for culpable homicide..Its all so confusing and since i don remember a word about IPC cos i studied it a couple of years back, am sorta lost here😆
Edited by rogerrocks - 11 years ago
light_year thumbnail
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Posted: 11 years ago
#5
If he goes now to jail , he has sanjay dutt for company.
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Posted: 11 years ago
#6

Originally posted by: rogerrocks

I mentioned this the very first time the charges were framed.. Section 304A of the IPC talks about death caused by negligence..The maximum punishment for death caused by rash and negligent driving is 2 years..But this applies only in cases where it does not amount to culpable homicide..And here the charge against him is culpable homicide not amounting to murder where the maximum punishment is 10 years..I don even get why he has been charged for culpable homicide..Its all so confusing and since i don remember a word about IPC cos i studied it a couple of years back, am sorta lost here😆

I just know few sections of IPC and I am still giving my expert advice 😎

Tumko kya faayda hua padhne ka 😆

KareenaKapoorK thumbnail
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Posted: 11 years ago
#7
Even if law does not punish the culprit,God will!!!

#Karma
light_year thumbnail
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Posted: 11 years ago
#8

Originally posted by: rogerrocks

I mentioned this the very first time the charges were framed.. Section 304A of the IPC talks about death caused by negligence..The maximum punishment for death caused by rash and negligent driving is 2 years..But this applies only in cases where it does not amount to culpable homicide..And here the charge against him is culpable homicide not amounting to murder where the maximum punishment is 10 years..I don even get why he has been charged for culpable homicide..Its all so confusing and since i don remember a word about IPC cos i studied it a couple of years back, am sorta lost here😆


I got this online when I tried to find out wht it is exactly.

Ibra Akanda And Ors. vs Emperor on 8 February, 1944
Showing the contexts in which culpable homicide not amounting to murder appears in the document
Change context size Current

40. Before attempting to state what the section does mean, two illustrations may be considered, e. g., illus. (1): A pushes X into the River Hooghly, with the result that X is drowned. A has no intention to cause the death of X or to cause such bodily injury as is likely to cause the death of X; but A knows that the River Hooghly is such a treacherous river that he is likely by his act to cause the death of X. A commits culpable homicidenot amounting to murder (Section 304, part 2). Illustration (2): A and B, two seamen on a ship in the River Hooghly, find X a stowaway in the hold. They bring him on deck and throw him into the river, one holding X by the legs and the other holding X by the head or arms.

road below on which there may be passers-by. Suppose that c has no knowledge that X is below or that there is a public road below, but does know that there are tea plants belonging to an enemy which he wants to damage. Suppose that D is blind and entirely unaware that any damage is likely to be caused. I can see nothing in the plain meaning of the words of Sections 34 and 35 to prevent a Court invoking those two sections and finding A guilty of murderunder Section 302, B guilty of culpablehomicide not amounting to murder under Section 304 part 2 or of causing death by a rash and negligent act under Section 304A, C guilty of mischief under Section 426 and D not guilty of any offence.

rogerrocks thumbnail
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Posted: 11 years ago
#9

Originally posted by: MoStLyHaRmLeSs

I just know few sections of IPC and I am still giving my expert advice 😎

Tumko kya faayda hua padhne ka 😆



Haan if you read one day before the exam, then padne ka koi faida nahi😆 And i toh don even remember these Sections while writing the exam😆

On topic, even if he is convicted under Section 304 for culpable homicide not amounting to murder, in most cases its treated as rash and negligent driving & the punishment doesn't exceed 2 years..The chances of Salman being convicted for culpable homicide is very bleak😆

931547 thumbnail
Posted: 11 years ago
#10

Originally posted by: blue-ice

Boss ji...I wouldn't be surprised if Salman's lawyers were the master mind behind these upgrades...the bigger the charges ...the better the witnesses and proofs have to be...Its easier to prove lesser charges and put a person behind bars than bigger charges...The main witness in this case is dead...do u think that the courts would convict Salman without actually hearing the main witness...no way...but yeah if the charges that were there before ...it would have been easier for the prosecution to prove them even without the main witness...so this is actually working in Salman's favor...



That's not usually the case BI'ji.

It's too big of a risk. This is an over-eager Prosecution team, trying to make a big splash. Imagine, all of India is watching. Every news channel is covering it. Put a Salman Khan behind bars for 10 yrs and you're the new star lawyer. Life is set.


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