|
|
发表于 2017-2-19 15:00
来自手机
|显示全部楼层
此文章由 toolaa 原创或转贴，不代表本站立场和观点，版权归 oursteps.com.au 和作者 toolaa 所有！转贴必须注明作者、出处和本声明，并保持内容完整
猫儿不笨 发表于 2017-2-19 14:14
2个案子有很大的不同。
冷案是明摆着的案子。
谢案有很多还无法解释的东西。譬如法官在她的判词还说，对 ...
我觉得你还是什么都专挑有利自己的说。说什么法官认为动机不清楚根本是在断章取义，人家的原文是这样的：
At the trial of the offender the Crown relied upon two possible motives operating separately or in combination in proof of the Crown case. First, the offender’s sexual interest in Ms AB, as evidenced by his sexual interest in her before the murders and his serialised sexual abuse of her after the murders when, upon the death of all members of her immediate family, she became a member of his household. Secondly, the offender’s perception that he was relegated to what he considered was as an undeserved subordinate status within the extended family in contrast to what he considered was the undeserved high regard in which Min Lin was held.
The jury were instructed that it was not necessary for them to find either of the motives proved beyond reasonable doubt before they could convict the offender of murder. They were also instructed they could take the evidence of motive into account on the question of guilt without being satisfied that either of the possible motives relied upon by the Crown was proved beyond reasonable doubt.
While either or both of those motives may have been what motivated the offender to execute the meticulously planned murder of at least Min and Lily Lin (irrespective of whether that plan also contemplated the potential that other occupants of the house might need to be killed if they were roused from sleep by the force of his attack on Min and Lily Lin, to avoid them identifying him as the killer or raising the alarm and inhibiting him from leaving the house unseen), I am unable to make that finding beyond reasonable doubt. However, given that I am satisfied that the offender entered the Lin family home knowing the occupants would be asleep, that he disabled the power in order to exercise control over them and that he was armed with a weapon fashioned for the purpose of applying maximum assaultive force, the fact that I am unable to reach a point of satisfaction to the criminal standard as to what in fact motivated him to do what he did does nothing to diminish the gravity of his offending.
http://www.austlii.edu.au/cgi-bi ... onyms=0&query=r
人家只是说因为控方没法证明这两个动机。其一是性侵，这个不容易，因为没其他人证或物证。其二是所谓的妒忌，这也没法去证明。所以法官引导陪审团主要是看证据。
|
|
【店家过保仍免费提供了配件！】DIY室外大门上的无线视频门禁与遥控开门机 (2013-2-3) Simonjo 
楼主:有口难言
。
