Bain gets a retrial

**Indiana_Jones** · 13th May 2007, 01:14

All they have done is removed the conviction, doesn't mean he is innocent or guilty.

-Indy

**Patrick** · 13th May 2007, 12:40

Originally Posted by Indiana_Jones

All they have done is removed the conviction, doesn't mean he is innocent or guilty.

-Indy

Quite right, but on here, he is completely innocent...

**Pixie** · 13th May 2007, 13:04

Originally Posted by Swoop

The person was saying that a day or so before it all happened, David and a few other kids were around at his house recording some music or something, and they are all on a tape laughing and having a great time, as kids do.

Something slightly different from the persona that we saw courtesy of the media, when he was being led around in handcuffs.

Nowadays the media can CGI horns on his head and goat legs

**Swoop** · 13th May 2007, 14:09

Originally Posted by Patrick

He is now...he was convicted... and upheld, and upheld again... then went to Privvy Council...

Who have returned the finding that we are back to square one. A fresh case needs to be submitted that DB committed multiple charges of murder and then the courts will hear the evidence and a case will proceed. Not that we are going to see a retrial though.

**Patrick** · 14th May 2007, 14:15

Originally Posted by Swoop

Who have returned the finding that we are back to square one. A fresh case needs to be submitted that DB committed multiple charges of murder and then the courts will hear the evidence and a case will proceed. Not that we are going to see a retrial though.

Yep, back to square one, with a prime suspect still... which is why he hasn't been released....

Retrial could be intersting... back then, killing 5 people and getting 16 years non parole was considered better than average...

In this "new age" climate, he could be sentenced to much, much more... look at BURTON and co of late, minimum 25 plus years non parole for them, killing one or two. What will BAIN get now, if he is convicted again, for killing 5?????

**Hitcher** · 14th May 2007, 15:28

I now suspect that the Government will drag this out for as long as it takes for David Bain to complete his 15 year sentence (two years). That way they can parole him with no subsequent liability for compensation and so on. Which I thinks sucks hugely if they have no intention of retrying this case, which I suspect they have no intention of doing for a whole host of reasons.

**cowpoos** · 14th May 2007, 15:37

Originally Posted by Hitcher

I now suspect that the Government will drag this out for as long as it takes for David Bain to complete his 15 year sentence (two years). That way they can parole him with no subsequent liability for compensation and so on. Which I thinks sucks hugely if they have no intention of retrying this case, which I suspect they have no intention of doing for a whole host of reasons.

I think I might have to agree with that too hitchie...be interesting if theres a opposition party campain against his release or not though?

**MSTRS:Me** · 14th May 2007, 15:46

Originally Posted by Patrick

... 16 years non parole ....
In this "new age" climate, he could be sentenced to much, much more...

HULL O....if he is retried AND found guilty, the sentence imposed will be based on the norms at the time of the crime.
I suspect that Hitcher is right....justice and police have dragged it out so long, that another year or two will be a doddle for them.
The whole sorry saga sucks. It is interesting to compare responses here with the publics 'trust' of the police. A gesture of good faith from the police without a shitfight in court over bail would be a good thing about now. Can't see it tho.

**Skyryder** · 14th May 2007, 15:55

Originally Posted by MSTRS

HULL O....if he is retried AND found guilty, the sentence imposed will be based on the norms at the time of the crime.
I suspect that Hitcher is right....justice and police have dragged it out so long, that another year or two will be a doddle for them.
The whole sorry saga sucks. It is interesting to compare responses here with the publics 'trust' of the police. A gesture of good faith from the police without a shitfight in court over bail would be a good thing about now. Can't see it tho.

It will be the Crown Law Office pulling the strings. Just depends how bad or good Cullens budget is going to be. Plenty of plaudits and Bain can kiss his freedom good bye for some time.................if the buget gets a canning he'll be out in no time.

Skyyrder

**Patrick** · 14th May 2007, 16:44

Originally Posted by MSTRS

HULL O....if he is retried AND found guilty, the sentence imposed will be based on the norms at the time of the crime.

Murder = Life Imprisonment...
5 x murders = 16 years...??????

HUH???????????????? I think the original sentencing judge forgot to put the 0 after 16...

**kro** · 14th May 2007, 18:24

The interview I heard said he was going straight to KFC once released, he loves the stuff and said " I could murder a family pack"

**Hitcher** · 14th May 2007, 19:34

Or even an urban legend pack...

**kro** · 14th May 2007, 19:45

Dude, I was just plagiarising a poor taste joke I heard off Hauraki this morning.

**SPman** · 14th May 2007, 20:01

Originally Posted by Patrick

Murder = Life Imprisonment...
5 x murders = 16 years...??????

HUH???????????????? I think the original sentencing judge forgot to put the 0 after 16...

But, as you should know, if sentenced to life imprisonment, the 16 yrs, in this case, is the minimum non-parole period. When released, it is on lifetime parole with the possibility of being hauled back to prison at any time....like most murder sentences.