Zain Dean conviction--fatal hit & run case PART IV

Do you believe in fairys too?

Thats not going to happen I dont think Mr He. Out of curiosity I did a quick google search and this came up.

[quote]R v Eastham 2013 EWCA Crim 625 Criminal Justice Act 2003 s 243(1) requires the court in the case of
an extradited prisoner to specify in open court the number of days which the prisoner was kept in custody
while awaiting extradition. Those days are then treated as if they were days for which the prisoner was
remanded in custody and fall to be taken into account administratively towards the sentence.
38.12a Extradition etc., Time in custody awaiting Life sentences
R v Noye 2013 EWCA 510 LCJ In 2000, D was convicted of murder. After the murder D fled to Spain.
He spent 9 months fighting his extradition ‘every inch of the way’. The trial judge said there was no
reason to include the 9 month period, because D had tried to avoid extradition. In 2010, when his sentence
was reviewed no allowance was made for the 9 months.
The minimum term was set (as before) at 16
years. The cases were reviewed. Held. The court was and is now vested with a discretion. D not only
contested the extradition, he fled the country in a well organised, sophisticated plan to evade justice.
When contesting the extradition he put up a false story which was not relied on at his trial. We agree that
no allowance should be made.
[/quote] banksr.co.uk/images/Updates/ … No%203.pdf

No more than I believe in God.

[quote]

The trial judge said there was no reason to include the 9 month period, because D had tried to avoid extradition.[/quote]

Not sure I understand that reasoning at all. Looks like a total non sequitur.

Dean has a legal right to appeal extradition and it strikes me as extremely unfair to punish him for exercising that right.

[quote=“monkey”][quote]

The trial judge said there was no reason to include the 9 month period, because D had tried to avoid extradition.[/quote]

Not sure I understand that reasoning at all. Looks like a total non sequitur.
.
Dean has a legal right to appeal extradition and it strikes me as extremely unfair to punish him for exercising that right.[/quote]

He had the legal right to appeal the extradition under Scottish law, but not under Taiwan law. He voluntarily abandoned any further right of appeal he might have had under Taiwan law in the hit and run case when he chose to go fugitive.

Me thinks after TW got him back, they will want to dispose of him sooner rather then later. So they probably will end up not extending his sentence. They already proved their point. Best to get him back, slam him up for a good part of his original term and then say byebye and keep him off the rock. He may or may not get his time served in the UK counted but what did he get ? 4 years ? People are often let out before they complete their full sentence anyway. So maybe all in all he will be out in two?

Me thinks you are wrong.

Once they get him back, they will sue him for escaping, using another persons passport, and whatever there is apart from that. He will stay every day sentenced here, and likely in the foreigners detention centre in Sanxia until his family ponies up the money for his plane ticket back.

He will return in 2015, and likely leave in 2023 or later.

(In the UK using a passport fraudently gives 10 years in the slammer, if it is the same in Taiwan, I will be proved wrong, he will stay to 2030 then)

I really don’t think so. Taiwan is pretty pragmatic. They got their man. They will want him gone sooner rather then later. But we shall see.

IF they are seen to heavily mistreat him, the UK may reconsider sending anyone back in the future. After all he is a British subject still.

I think he won’t get extra time. They don’t really like jailing foreigners on the rock all that much.

[quote=“tommy525”]I really don’t think so. Taiwan is pretty pragmatic. They got their man. They will want him gone sooner rather then later. But we shall see.

IF they are seen to heavily mistreat him, the UK may reconsider sending anyone back in the future. After all he is a British subject still.

I think he won’t get extra time. They don’t really like jailing foreigners on the rock all that much.[/quote]

Doing your time in prison for your crimes is not considered maltreatment.

Ever see the movie PAPILLON? Or read The Count of Monte Cristo?

:slight_smile:

yes, and?

I agree with Tommy, I doubt there will be much if any time added. But expecting his time in the UK to be deducted is silly. Its not like he is in prison waiting for trail, he has already been convicted and did a runner. He could at any time start his sentence. Had he served the very lenient 2 years and 9 months he got back in early 2011, he would have been out by now, perhaps long ago. He made a string of bad decisions, starting with the one to get behind the wheel of a car totally intoxicated the night his vehicle was involved in a hit and run that killed someone.

Yes, but only the UK can try him for that, because the passport is owned by the Crown, and not Taiwan.

I think so too, if he ever get’s back here.

Imprisonment is against the basic human right to freedom of movement. It is needed to punish and as a deterent but it is still taking away one’s basic human right.

And the relevance being?

gotta go to work now. you figure it out :slight_smile:

[quote=“Bernadette”]
I think so too, if he ever get’s back here. Not every judge is as sadistic as Mr. He, whereby they have a fixation of hatred on an individual and wish the worst-case scenario on a person who isn’t even connected to any aspect of their life whatsoever.[/quote]

Right, theres a certain curtsey and respect involved in an extradition which I think Taiwan will follow, not for love of Zain Dean, but for the Scottish legal system. Upping his sentence and throwing the book at him, would undermine any efforts for extradition with any country in the future.

Yes, but only the UK can try him for that, because the passport is owned by the Crown, and not Taiwan.
[/quote]

He presented a false identity document to Taiwan’s customs authority. That is an offense in Taiwan. It doesn’t matter whether it was a British passport or a Nigerian passport or a Mickey Mouse club membership card that he had doctored to look like a valid travel document.

Not to mention that he illegally left the country to flee the pending criminal proceedings against him.

I wonder what the exact definition of the crime would be for possession of false identity documents and the use of them to exit Taiwan, as this is different for using false documents to enter, remain and seek work.

Looking in my crystal ball here (mind you its a cheap night market knock off one) I see this:

Zain comes back under police escort and a big to do from the boys in the news.

He gets taken into detention with cameras following and slammed into his cell. There is in depth coverage of his cell and what he can do day and night and what he gets to eat and the tv rooms where he can share news coverage (of himself) with the other prisoners. Comparisons are made between TW prisons and one in Scotland, etc etc.

After a few weeks they have forgotten about him. Weeks roll into months. Months roll into near two years, when he will suddenly be in the news again for falling over in the lunch in prison. Seems his health has deteriorated to the point that he is now being released for “treatment in the UK”.

He is then put on a plane in a wheelchair. After he is onboard he is free to walk around the cabin . Gone for good from Taiwan.