CHC Trial Matters Part 2

[Spring]

 

How can you talk about intentions? If he didn't get caught, how do you know if he would have repaid the money?

 

Maybe the other relationship manager also had the intention of repaying the money but he lost it all at RWS so can't pay back.

It was proven he had the intention to return cos his wife/family was actually on the way to the bank with the money when he was caught. Also apparently, he has been doing this several times in the past but court I guess not interested.

 

But my point is not about his intention but rather the fact that he paid back in full so he should be given a much lighter sentence IMO. Like that might as well pocket the money and sit 1 more year inside. The RM never offered to pay back or maybe he just pocketed it and enjoyed his fruits when he came out!!

 

The conviction is usually base on the unauthorised movement of the money. Returning it back and not returning to my knowledge only makes a small difference. You may hear from him that he has intention of returning it and trust that he will do it but the judiciary will have to assume that he is not going to return it when passing the sentence because there is no way they can judge that he has the intention to return it

Edited August 20, 2014 by Spring

[Chickenfarm]

 

 

It was proven he had the intention to return cos his wife/family was actually on the way to the bank with the money when he was caught. Also apparently, he has been doing this several times in the past but court I guess not interested.

 

But my point is not about his intention but rather the fact that he paid back in full so he should be given a much lighter sentence IMO. Like that might as well pocket the money and sit 1 more year inside. The RM never offered to pay back or maybe he just pocketed it and enjoyed his fruits when he came out!!

 

 

 

Let me help you solve the mystery...see underlined

 

Can't see still?

 

The word is "Recalcitrant"

[Damienic]

 

 

It was proven he had the intention to return cos his wife/family was actually on the way to the bank with the money when he was caught. Also apparently, he has been doing this several times in the past but court I guess not interested.

 

But my point is not about his intention but rather the fact that he paid back in full so he should be given a much lighter sentence IMO. Like that might as well pocket the money and sit 1 more year inside. The RM never offered to pay back or maybe he just pocketed it and enjoyed his fruits when he came out!!

 

The key is always the unauthorised movement of the money. Hence, it will treat both cases on an almost equal basis (whether the money is returned or not). What the judge will do is to assess the intention behind the offence. Is he going all out to cheat for himself and the extent of the cheating. In Father Kang case, the prosecution established without a doubt that he has intention to keep the property all for himself and hence the stiff sentence of 7 years. In Ming Yi case, it is quite clear he did it for the assistant. The intention to cheat is probably found to be of a lesser severity and hence the sentence is only 6 months jail.

 

In the current CHC case, I think they will try to prove to the judiciary that they do not have intention to cheat as the funds is being moved for the sake of Crossover Project which they try to justify it as a legitimate project. It remains to be seen if the judge would buy the story. I'm not expecting just because 50Mil is involved and so Kong Hee will get a few times more in sentence compared to the likes of Father Kang but it should be in no way a lighter sentence than a 7 or 8 yr one I feel.

Edited August 20, 2014 by Damienic

[The_Bear]

 

Let me help you solve the mystery...see underlined

 

Can't see still?

 

The word is "Recalcitrant"

 

Or in layman terms "diam diam ani kwan" aka "always liddis"

[Chickenfarm]

 

Or in layman terms "diam diam ani kwan" aka "always liddis"

 

Kum xia

 

Farmer will never be able to sum it all up so nicely

[Tianmo]

 

Or in layman terms "diam diam ani kwan" aka "always liddis"

 

thank you bear............give us layman term.........only animal can understand animal language...........I read so many times still the chicken term I catch no ............

 

 

Let me help you solve the mystery...see underlined

 

Can't see still?

 

The word is "Recalcitrant"

 

[Tianmo]

 

Kum xia

 

Farmer will never be able to sum it all up so nicely

 

when with chicken speak chicken..............now with human can speak farmer language ............tomorrow I give you 10 of "diam diam ani kwan".................... [laugh]

[Chickenfarm]

 

thank you bear............give us layman term.........only animal can understand animal language...........I read so many times still the chicken term I catch no ............

 

 

 

KNN I say in human term...

 

I touch thegal, I say sorry;

I touch another gal; I said sorry;

I touch yet another gal; I said sorry.

 

The other guy touched one gal but naber have the decency to say sorry.

 

I was punished with only a year diff.

 

Fair boh?

[Tianmo]

 

KNN I say in human term...

 

I touch thegal, I say sorry;

I touch another gal; I said sorry;

I touch yet another gal; I said sorry.

 

The other guy touched one gal but naber have the decency to say sorry.

 

I was punished with only a year diff.

 

Fair boh?

 

like that boh fair.........you sld go touch some more and say sorry some more mah............. [laugh]

 

[Chickenfarm]

 

when with chicken speak chicken..............now with human can speak farmer language ............tomorrow I give you 10 of "diam diam ani kwan"....................

 

Kum xia kum xia...

 

Rest assured that I do have the intention to put all the 10 points back to you

[Tianmo]

 

Kum xia kum xia...

 

Rest assured that I do have the intention to put all the 10 points back to you

 

seriously ...............I do think the no of times is of key important...........not a matter of return or not................is the repeat offend..........isn't repeat offender suppose to get a much heavier punishment....... [cool]

[Chickenfarm]

 

seriously ...............I do think the no of times is of key important...........not a matter of return or not................is the repeat offend..........isn't repeat offender suppose to get a much heavier punishment....... [cool]

 

Spoken like a true legal eagle

 

 

It was proven he had the intention to return cos his wife/family was actually on the way to the bank with the money when he was caught. Also apparently, he has been doing this several times in the past but court I guess not interested.

 

But my point is not about his intention but rather the fact that he paid back in full so he should be given a much lighter sentence IMO. Like that might as well pocket the money and sit 1 more year inside. The RM never offered to pay back or maybe he just pocketed it and enjoyed his fruits when he came out!!

 

 

 

No offence is intended bro...lai lai lai I gib you 5

[Tianmo]

 

Spoken like a true legal eagle

 

 

because i tio before lor..........not touch ger and say sorry hor...........is play golf and overshot........but I think same rule apply...... [laugh]

[Tianmo]

 

 

It was proven he had the intention to return cos his wife/family was actually on the way to the bank with the money when he was caught. Also apparently, he has been doing this several times in the past but court I guess not interested.

 

But my point is not about his intention but rather the fact that he paid back in full so he should be given a much lighter sentence IMO. Like that might as well pocket the money and sit 1 more year inside. The RM never offered to pay back or maybe he just pocketed it and enjoyed his fruits when he came out!!

 

 

 

bro...........the legal system is not too bothered if the money is return............that one is police job..........the court only want to know how many times he did the crime..........1 time 1 year ............2 times 2 years..............10 times maybe can sleep inside for life liao............ [laugh]

[Damienic]

I thought Serina Wee is supposed to take to the stand today? How come no news about her cross examination?

[Spring]

 

The key is always the unauthorised movement of the money. Hence, it will treat both cases on an almost equal basis (whether the money is returned or not). What the judge will do is to assess the intention behind the offence. Is he going all out to cheat for himself and the extent of the cheating. In Father Kang case, the prosecution established without a doubt that he has intention to keep the property all for himself and hence the stiff sentence of 7 years. In Ming Yi case, it is quite clear he did it for the assistant. The intention to cheat is probably found to be of a lesser severity and hence the sentence is only 6 months jail.

 

In the current CHC case, I think they will try to prove to the judiciary that they do not have intention to cheat as the funds is being moved for the sake of Crossover Project which they try to justify it as a legitimate project. It remains to be seen if the judge would buy the story. I'm not expecting just because 50Mil is involved and so Kong Hee will get a few times more in sentence compared to the likes of Father Kang but it should be in no way a lighter sentence than a 7 or 8 yr one I feel.

I think is not the Father Kang case but the Brother XX (can't remember his name) His is very similar to Ming Yi, paying something for vendor; so I don't think he pocketed anything unlike Father Kang.

 

I get your point on unauthorised movement of money and I fully agree but I was actually replying on some posters comments that should KH and team be convicted they should be given a heavy sentence based on the huge amount.

That's why I brought up this case that law doesn't only look at the amounts but other factors and also even if pay back, you don't necessary get a lighter sentence.

 

That said, I suppose it's not comparable as the case I brought up was about taking money whereas KH and team case is about a project involving huge amount of money that needs to be justified as legitimate and not otherwise.

[Ryu]

 

KNN I say in human term...

 

I touch thegal, I say sorry;

I touch another gal; I said sorry;

I touch yet another gal; I said sorry.

 

The other guy touched one gal but naber have the decency to say sorry.

 

I was punished with only a year diff.

 

Fair boh?

 

Your sorry worth 1 year not bad liao loh.

[Duckduck]

 

this thread is worhtless without pix lol