Canadian man sentenced to death in first instance

[PeaceGen]

Dalian Intermediate People's Court: Canadian men smuggled ice toxic over 222 kilograms and was sentenced to death in the first instance
Dalian Intermediate People's Court 2019-01-14 20:35
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[Abstract] The Dalian Intermediate People's Court found that the defendant, Schellenberg, participated in organized international drug trafficking activities and smuggled 222.035 kilograms of ice toxic with others, and his behavior constituted a crime of drug smuggling. The facts alleged by the public prosecution agency are clear, the evidence is true and sufficient, and the charges are alleged. Scherrenberg is the principal offender and is a crime.

On January 14, 2019, the Dalian Intermediate People's Court of Liaoning Province publicly heard the trial of the smuggling of drugs by the Canadian defendant Robert LLOYD SCHELLENBERG (Sherman Berg) and sentenced it in court. The smuggling of drugs was sentenced to the death of the defendant, Schellenberg, and the confiscation of all personal property.

On November 20, 2018, the Dalian Intermediate People's Court sentenced Schellenberg to 15 years in prison for smuggling drugs and confiscated personal property of RMB 150,000 for deportation. Schellenberg refused to accept and appealed. On December 29, the Liaoning Provincial Higher People's Court held a public hearing in accordance with the law. The Liaoning Provincial People's Procuratorate appeared in court to consider that the first-instance judgment found the defendant to be an accomplice and attempted the crime and the punishment was obviously improper. After the trial, the Liaoning Higher People's Court ruled that the case would be decided. Returned to the court of first instance for retrial. The Dalian Municipal People's Procuratorate has supplemented the prosecution of new criminal facts. The Dalian Intermediate People's Court separately formed a collegiate bench in accordance with the law, and the case was open for trial.

detail:
The Dalian Intermediate People's Court found through trial that: Kaim, Stephen and Mr. Zhou (both at large) and others implemented organized international drug trafficking activities, and controlled two accounts of Ping An Bank and China Merchants Bank in China. Crime provides financial support. In mid-October 2014, Kaim hired a translator Xu for his work, instructing Xu to rent a warehouse in Dalian, order tires, and receive “Mr. Zhou” and Jian Xiangrong (since for drug trafficking crimes and illegal possession of drugs) Imprisonment) 20 tons of plastic pellets containing 222 packets of iced water from Guangdong Province to Dalian City were placed in the warehouse, and Xu was also informed that an expatriate would be appointed to handle the shipment. On November 19th, Kem appointed Schellenberg to Dalian to meet with Xu, intending to hide drugs in the tire liner and smuggle into Australia. Since then, Schellenberg has asked Xu to purchase tools for repackaging drugs and tire liners, ordering tires, inner tubes and used containers. After reviewing the cargo and assessing the workload, Schellenberg changed the schedule from November to December. On the afternoon of the 27th, Schellenberger called Mai Qingxiang (who was sentenced to death for the crime of transporting drugs and was suspended for two years) and asked him to help find another warehouse to store drugs. Mai Qingxiang then called the Dalian warehouse operator to contact the warehouse. On the 29th, Xu reported the case to the public security organ. After Schellenberg noticed, he left the hotel in the early morning of December 1 to Dalian Airport to prepare to flee to Thailand. On the way, Schellenberger dropped the phone SIM card and replaced the new SIM card. At 13:00 on the same day, when the plane stopped in Guangzhou, Schellenberg was arrested by the public security organs. After identification, the 222 packets of methicillin seized by the public security organs had a net weight of 222.035 kg.



It was also found that from mid-November to early December 2014, Mr. Zhou pointed out that Jian Xiangrong had twice hired a car to transport goods mixed with drugs from Guangzhou to Hangzhou. Jian Xiangrong, Steven and Mai Qingxiang were responsible for receiving the shipment. On December 5, the public security organ arrested Mai Qingxiang and seized 501 kilograms of ice. During the above-mentioned crimes, Kem, Steven and the two accounts controlled by Mr. Zhou and others repeatedly transferred funds to the accounts of Jian Xiangrong and Mai Qingxiang for related expenses.

The public prosecution agency presented evidence of physical evidence, documentary evidence, on-site investigation transcripts, drug identification opinions, confession of another defendant, witness testimony and other evidence in court. The witness Xu was present in court to testify.

The Dalian Intermediate People's Court found that the defendant, Schellenberger, participated in organized international drug trafficking activities and smuggled 222.035 kilograms of ice toxic with others, and his behavior constituted a crime of smuggling drugs. The facts alleged by the public prosecution agency are clear, the evidence is true and sufficient, and the charges are alleged. Scherrenberg is the principal offender and is a crime. According to the facts, nature, circumstances and serious harm to the society of the defendant, in accordance with the relevant provisions of the Criminal Law of the People's Republic of China, the defendant Schellenberg was sentenced to death for smuggling drugs and the property was confiscated.

When the presiding judge announced the judgment, the court informed the defendant that if he refused to accept the judgment, he had the right to appeal to the Liaoning Provincial Higher People's Court within 10 days from the second day of receiving the judgment.

During the trial of the case, the people's court guaranteed the rights of the defendant in the process of litigation, such as defense and translation. Before the trial, the people's court notified the Canadian Embassy in China in accordance with relevant regulations, and the officials of the museum went to the court. More than 50 people from all walks of life and some Chinese and foreign media reporters attended the trial and sentencing.

https://news.qq.com/a/20190114/011240.htm

this is not an arbitrary application of their own laws by the Chinese government onto foreigners, which i've seen some headlines about doing the rounds at the moment recently.

most people in the Canadian (and in fact entire western-)government circles know plenty well how China's hard-drugs laws are organized : super super strict.
when have those been in effect? since about the invasion of hard-drugs by western nations into China, around 100 to 300 years ago.

 

[jhungary]

Maybe a political issue, maybe not, you are simply insinuating. The initial sentencing is highly irregular considering the norm in the country for drug trafficking, and hence it is entirely within power and reasoning of the higher court to review and retrial the case with or without the actual appeal. Your reference to right of the defendant came directly out of natural law which is the direct opposite of legal positivism. What you consider the lack of jurisprudence is merely what conforms to the British common law. While some European state has adopted some principle of the British common law, it does not mean China should, nor does it mean one is without jurisprudence for rejecting the principle of common law.

You still don't understand my point.

First of all, China can do whatever they want with the Canadian, he BROKE the law in China, not in Canada, that is up to Chinese law to judge and sentence him, whatever sentencing is fair game to him, because he would know the consequence before he commit the crime, as I said, if you can't do the time, don't do the crime. I am fine with it. I even say you should execute him.

The issue my post are said is that China does not follow Jurisprudence when I was answering the first post, because if that is the case, China would not be able to retried the man, which is true, because China did retired the man, and no, what I refer to is the accents of Jurisprudence, not direct opposite of Legal Positivism. And also, it is not just according to British Common law, many country in this world, common law or not, would not tried a same person twice with the same crime, China lack jurisprudence because they did not follow the norm in its theory, not because they are not inline with common law. Jurisprudence and legal system are two separate thing.

I mean, even with other law, Canon, Religious (like Shia law) there are still element of Jurisprudence in it, it's not like what you said you have a different "theory of law", which is what Jurisprudence mean, when you have a different legal system, those are the same theory, it doesn't matter which legal system you are in.

 

[faithfulguy]

You still don't understand my point.

First of all, China can do whatever they want with the Canadian, he BROKE the law in China, not in Canada, that is up to Chinese law to judge and sentence him, whatever sentencing is fair game to him, because he would know the consequence before he commit the crime, as I said, if you can't do the time, don't do the crime. I am fine with it. I even say you should execute him.

The issue my post are said is that China does not follow Jurisprudence when I was answering the first post, because if that is the case, China would not be able to retried the man, which is true, because China did retired the man, and no, what I refer to is the accents of Jurisprudence, not direct opposite of Legal Positivism. And also, it is not just according to British Common law, many country in this world, common law or not, would not tried a same person twice with the same crime, China lack jurisprudence because they did not follow the norm in its theory, not because they are not inline with common law. Jurisprudence and legal system are two separate thing.

I mean, even with other law, Canon, Religious (like Shia law) there are still element of Jurisprudence in it, it's not like what you said you have a different "theory of law", which is what Jurisprudence mean, when you have a different legal system, those are the same theory, it doesn't matter which legal system you are in.

Bull crap. Italy retried Amanda Knox after she was found innocent already. Only U S has double jeopardy. In other countries. If someone is found innocent, the person press charges can appeal and the person can be prosecuted again at a higher court. Look up the facts before mislead others.

 

[Nilgiri]

Bull crap. Italy retried Amanda Knox after she was found innocent already. Only U S has double jeopardy. In other countries. If someone is found innocent, the person press charges can appeal and the person can be prosecuted again at a higher court. Look up the facts before mislead others.

Learn to read basic things stupid:

Does Double Jeopardy Apply?

In the United States, the double jeopardy clause of the Fifth Amendment promises that, "No person shall ... be subject for the same offense to be twice put in jeopardy of life or limb." Most states have statutes that also reiterate this.

Double jeopardy does not protect a person from being charged with a crime more than once. For example, Knox was charged with murdering Kercher. The prosecutor dropped the charges. If the prosecutor changes his mind again, double jeopardy does not prevent him from charging Knox with Kercher's murder again.

Double jeopardy only applies after jeopardy begins, or "attaches." In a jury trial, double jeopardy attaches when the jury is sworn in. In a trial before a judge, jeopardy begins when the first witness is sworn in. Also, double jeopardy does not protect defendants whose convictions were overturned on appeal, as Knox's conviction was.

Also, in Italy, an appellate acquittal is not a final judgment, so double jeopardy does not apply. Knox's retrial in 2013 did not violate double jeopardy. This time, Knox was acquitted on the basis of insufficiency of the evidence. Double jeopardy most likely does apply in this case, so it is unlikely that she will ever be tried again for Kercher's murder.

So while people may still disagree on Knox's guilt or innocence, she can now put these legal proceedings behind her, without fear of being tried and convicted again.

https://blogs.findlaw.com/blotter/2...ction-overturned-by-italys-highest-court.html

 

[hiseen]

You still don't understand my point.

First of all, China can do whatever they want with the Canadian, he BROKE the law in China, not in Canada, that is up to Chinese law to judge and sentence him, whatever sentencing is fair game to him, because he would know the consequence before he commit the crime, as I said, if you can't do the time, don't do the crime. I am fine with it. I even say you should execute him.

The issue my post are said is that China does not follow Jurisprudence when I was answering the first post, because if that is the case, China would not be able to retried the man, which is true, because China did retired the man, and no, what I refer to is the accents of Jurisprudence, not direct opposite of Legal Positivism. And also, it is not just according to British Common law, many country in this world, common law or not, would not tried a same person twice with the same crime, China lack jurisprudence because they did not follow the norm in its theory, not because they are not inline with common law. Jurisprudence and legal system are two separate thing.

I mean, even with other law, Canon, Religious (like Shia law) there are still element of Jurisprudence in it, it's not like what you said you have a different "theory of law", which is what Jurisprudence mean, when you have a different legal system, those are the same theory, it doesn't matter which legal system you are in.

”Jurisprudence“ Not limited to you know, Guarantee that China has heard of it a long time ago, They are just following their own social environment and actual foundation, Do you think that following or no following jurisprudence is a right-wrong level?
I suggest you pay attention to the timeline of the development of this case. The theory of leaving the environment does not have much practical value. If you leave the actual environment, it only gives you psychological comfort and then makes things more complicated.

Doctors recommend using Viagra
But in fact the best way is to exercise your body.

 

[Galactic Penguin SST]

That crime and sentence is what CBC said,
and
he may be lied on Visa Application as well
Another crime if you said is true!
You just want to troll,you keep play yourself,he is dead anyway.

Alas, what was then only a simple naive question seems now confirming the worse. Not only white Europeans are above the laws in China, but even suntanned foreigners, thus making the Chinese effectively second-class citizens when facing the law in their own country.

The following case of Hani Mohammadi, an Iranian born in 1984 who grew up in Tehran, Iran and now lives in Ningbo, China, is the latest proof.

In his most recent tweet, he even went openly boasting of being a former convict!

Spoiler: Links

https://defence.pk/pdf/attachments/...9/?temp_hash=3e868ef7b8a87599c35e3fdedede333a
http://
Hani (哈尼)‏ @hanipersian
6:52 AM - 3 Feb 2019
به عنوان کسی که تجربه زندان رو داره، زندگی بعد از آزادی کلا متفاوت هست. از همه نظرش. هم‌خوب..هم بدش...
As someone who experiences jail, life after liberation is completely different.
https://twitter.com/hanipersian/status/1092073329366892544

▲ Hani(哈尼)‏@hanipersian (Hani Mohammadi) openly boasted of being a former convict!


This colonial treatment of discrimination in function of one's nationality, is the rule that has prevailed since...at least the 19th century, under the most infamous Eight-Nation Alliance's colonial occupation.

In this regard please watch the historical movie Once Upon a Time in China (1991):

Spoiler: Links

http://
http://
https://www.youtube.com/watch?v=g6kPLrmPLzc

▲ Once Upon a Time in China (1991). T=1:55:46 "This is the territory of the U.S."

 

[Arsalan 345]

there is no law in canada.they do whatever united states wants.keep hanging canadians.more executions will help canadians learn the lesson of their lives.

 

[PeaceGen]

Alas, what was then only a simple naive question seems now confirming the worse. Not only white Europeans are above the laws in China, but even suntanned foreigners, thus making the Chinese effectively second-class citizens when facing the law in their own country.

The following case of Hani Mohammadi, an Iranian born in 1984 who grew up in Tehran, Iran and now lives in Ningbo, China, is the latest proof.

In his most recent tweet, he even went openly boasting of being a former convict!

Spoiler: Links

https://defence.pk/pdf/attachments/...9/?temp_hash=3e868ef7b8a87599c35e3fdedede333a
Hani (哈尼)‏ @hanipersian
6:52 AM - 3 Feb 2019
به عنوان کسی که تجربه زندان رو داره، زندگی بعد از آزادی کلا متفاوت هست. از همه نظرش. هم‌خوب..هم بدش...
As someone who experiences jail, life after liberation is completely different.
https://twitter.com/hanipersian/status/1092073329366892544

▲ Hani(哈尼)‏@hanipersian (Hani Mohammadi) openly boasted of being a former convict!


This colonial treatment of discrimination in function of one's nationality, is the rule that has prevailed since...at least the 19th century, under the most infamous Eight-Nation Alliance's colonial occupation.

In this regard please watch the historical movie Once Upon a Time in China (1991):

Spoiler: Links

https://www.youtube.com/watch?v=g6kPLrmPLzc

▲ Once Upon a Time in China (1991). T=1:55:46 "This is the territory of the U.S."

i know the feeling. far too well.

here you are, a chinaman/woman living somewhere in china, and it's white people who get socially unacceptably far out of line, according to local historic values (since say past 20 years or so - not any longer so as to not include the ancient values of the country/region/city that they are no longer / currently not in use there)....

over here we have several groups over in amsterdam.nl, among which the LGBT people who live here and arrive by plane to AMS aka schiphol.nl for 'a party'... i've seen them smile at me while dressed perfectly clear like a straight man, and do other things which are considered not just by me totally unacceptable behaviour...

so i do care about the issues that are complained about above here.

i recommend you set up some kind of comms system to a valid and legal police force to enforce such things.

over here in amsterdam.nl, they are the only thing holding back severe crimes, among which for example robbery and rape.
but it hardly stops there, the categories of severe crimes and other locally-unacceptable behavior that requires policing by force, lockup, interrogation/interviewing, and possibly court-system legal trials which bring long-term punishments like prison sentences in view as measure to be used against such behavior.

 

[Galactic Penguin SST]

Huawei CFO files lawsuit against Canada police, border official over ‘unconstitutional’ arrest

Mon Mar 4, 2019

Huawei’s chief financial officer Meng Wanzhou has filed a lawsuit against Canadian border and police authorities for “violating her constitutional rights” while arresting her at a Vancouver airport at the request of the US late last year.

Her lawyers Howard Mickelson and Allan Doolittle said in a statement on Sunday that Meng, the Chinese tech giant’s CFO and daughter of its founder, suffered “serious breaches of her constitutional rights” during her arrest at the Vancouver International Airport on December 1, 2018.

Meng, the lawyers said, is “seeking damages for misfeasance in public office and false imprisonment” in the lawsuit filed with British Columbia’s Supreme Court on Friday.

Washington has accused Meng of fraud and violating anti-Iran bans. Huawei has, however, rejected any wrongdoing.

The lawsuit says Meng was interrogated by custom officials for three hours without knowing the reason behind her arrest. At the same time, the officials searched through her phone, computer and luggage in breach of Meng’s constitutional rights, it adds.

Meng’s lawyers believe the detention was “unlawful” and “arbitrary.” They are seek damages from the Royal Canadian Mounted Police (RCMP), Canadian Border Services Agency (CBSA) and the federal government.


The lawsuit was lodged on the same day that Canada formally launched the process to extradite Huawei’s chief financial officer to the United States.

The extradition process, however, could take several months or even years because Meng has the option to file appeals.

Meng’s arrest sparked a row in Canada’s ties with China, which views the move as politically motivated and related to the rivalry between Washington and Beijing.

Following Meng’s detention, Beijing arrested two Canadian nationals and sentenced a third one to death over drug smuggling charges in what appeared to be a retaliatory move.

https://www.presstv.com/Detail/2019/03/04/590093/China-Canada-US-Huawei-Meng
​

Commentary

Meng Wanzhou's lawyer is Allan Doolittle. The last time someone famous shared that name, was the U.S. colonel who bombed Tokyo back in 1942, with no significant military gain but that has costed 250,000 death among the Chinese civilian who sheltered the U.S. airmen, and who suffered the murderous genocidal repression of the Japanese military during a three-month terror campaign.

Meng Wanzhou seems toasted.

 

[rott]

a lawyer from the Canadian man Robert Lloyd Schellenberg, who was sentenced to death by smuggling drugs in China, told Reuters on Tuesday that Schellenberg would appeal the death sentence.

Looks like this will expedite his death sentence even faster. lol....

Gulity or not Chinese Justice System is a complete joke.

Nothing compared to the Indian's system where you get killed for eating beef.

As always,Chinese (and basically their funboys) diverting the main subject of this thread. This man's nationality and his sentencing aren't a coincidence given the recent events between China and Canada. What led the court to revise the sentence from 15 years (?) to death penalty ? You guessed it. Everyone knows China's justice system isn't impartial,fair and out of political interference.

Rule of law is a real concept in France because the justice system isn't corrupt,it is fair and much more impartial than China's,is independent from politics and I could go on. Nothing to be compared to China's.

As you love diverting threads,Paris has its issues,but in no way to what you described. I could also create "friends" and tell how much China was a shithole just because I got butthurt by a comment on a random forum. If Paris was such a shithole,Chinese people would stop visiting it and above all would stop trying to illegally sneak into our country and cities as the so called "People's Republic of China" is far much better,safer whatever. @Hamartia Antidote

You should distribute this 222kg of drugs to your family as Christmas present. I am sure your family will forever be thankful to you.

 

[AndrewJin]

Looks like this will expedite his death sentence even faster. lol....


Nothing compared to the Indian's system where you get killed for eating beef.


You should distribute this 222kg of drugs to your family as Christmas present. I am sure your family will forever be thankful to you.

in the west, people are proud to be druggies.

 

[rott]

in the west, people are proud to be druggies.

Let them dig their own grave. Just don't bring drugs to China or you'll see a 3 to 4 huge needle jab into you.

 

[Adam WANG SHANGHAI MEGA]

Westerners think smoke durgs to death is a freedom and right!

 

[AndrewJin]

Westerners think smoke durgs to death is a freedom and right!

The new generation in the west is doing nothing but raping, smoking and demonstrating for legal use of smoking drugs.

 

[Galactic Penguin SST]

Meng Wanzhou seems toasted.

Protester burns Chinese flag outside Huawei CFO's court hearing

Posted : 2019-03-07 13:51 Updated : 2019-03-07 16:41

At her December bail hearings, the demonstrators were almost all pro-Meng and pro-Huawei, decrying her detention as a political pursuit by the US, aided and abetted by Canadian lackeys. "Free Meng", and "We love you Huawei", had read the placards waved by a mostly Mandarin-speaking crowd, some waving Chinese flags.

The protests mirrored Beijing's unabated fury at Meng's arrest to face US criminal charges of bank fraud, conspiracy and obstruction related to alleged breaches of US sanctions on Iran.

But on Wednesday a different scene was unfolding.

There were knots of pro-Meng protesters, but others were waving posters of Michael Spavor and Michael Kovrig, the two Canadians who have been detained by China and accused of working together to steal state secrets.

"Boycott Huawei" read one banner. "Extradite Meng", and "Release Michael Spavor and Michael Kovrig", read others.

The spoken language of choice was Cantonese (although a handful of white protesters were on hand too). The flags of choice were Canadian.


http://www.koreatimes.co.kr/www/world/2019/03/672_264940.html
​

Spoiler: Links

http://img.koreatimes.co.kr/upload/...ab1f0a8d159ead01.jpg/dims/resize/980/optimize
http://
http://www.koreatimes.co.kr/www/world/2019/03/672_264940.html

▲ Kuang Yang burns a Chinese flag to protest human rights abuses, outside British Columbia Supreme Court, in Vancouver on March 6, 2019, as Huawei Chief Financial Officer Meng Wanzhou appears in court appearance. AFP-Yonhap

Spoiler: Links

http://img.koreatimes.co.kr/upload/newsV2/images/201903/9273262ffbde4c16bcf5a2638954cee1.jpg
http://
http://www.koreatimes.co.kr/www/world/2019/03/672_264940.html

▲ Max Wang protests Huawei Chief Financial Officer Meng Wanzhou's court appearance at British Columbia Supreme Court, in Vancouver on March 6, 2019. AFP-Yonhap

Spoiler: Links

http://img.koreatimes.co.kr/upload/newsV2/images/201903/d3c708d0b81b412d885153049cf50bf8.jpg
http://
http://www.koreatimes.co.kr/www/world/2019/03/672_264940.html

▲ Protesters hold photos of Canadians Michael Spavor and Michael Kovrig, who are being detained by China, outside British Columbia Supreme Court, in Vancouver, on March 6, 2019, as Huawei Chief Financial Officer Meng Wanzhou appears in court. AFP-Yonhap


Meng Wanzhou seems toasted.

Extradition is a fair deal.

On the other hand, by getting the Julian Assange deal, that is delaying for a decade or more the extradition, and being locked behind four walls all that time, without really ending the prosecutions is worse.

Indeed, when Assange and Meng finally decide to no longer postpone the inevitable, after having effectively lost years of freedom, they would still have to serve years of prison sentence in the U.S. anyway!

Be real men, and have the courage to face your judges! If one knows of having done no wrongdoings, then there is no need fear the justice!