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Canadian man sentenced to death in first instance

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I don't know why he decided to appeal.
My hometown, Dalian, executed a Japanese drug dealer 9 years ago.
The death penalty is the regular basis of punishment of a drug dealer in China. Apparently, he is stupid enough to make such a decision to appeal or he should fire his lawyer.

Can you explain me why China did not give him death sentence to begin with?....i.e what changed (in the case itself) that now they give him one (if it is to be believed politics played no role)?

Well Canada will now think twice before playing in hands of Americans

Nope, we will continue to apply our law without political prejudice in our own borders.

Countries that do factor in politics into their law process, will now get commensurate travel warnings and other action dependent on their behaviour.

We will not revisit our sovereignty and application of core law for some thuggish bully's waah tactics....not with the level of stories (about them) coming from their own people that migrate/flee over here in 100s of thousands each year.

Before you clamour about "playing into hands of Americans"...it is our American brothers, that rest side by side with our Canadian martyrs in Europe in two massive foundational wars (the 2nd being instrumental to China even existing today as it does)....who without their sacrifice you would not be sitting there and even having an internet to type about "thinking twice". Understand (or don't, its your choice)...that this plays a deep role in why we have an extradition treaty with our brotherly country and why we honour it and will always do so.

@Vergennes @VCheng @James Jaevid @Hamartia Antidote @jhungary @gambit @Vibrio @Joe Shearer
 
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In Singapore, Taiwan region, Japan, practically all East Asian countries.

It is a death warrant.

This guy was trying to smuggle drugs into Australia. Who knows how much he smuggled before.



Ignore that person. That's an AQ sympathizer.
Thanks everyone he was intercepted before reaching Australia. 222kg!!?
 
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'Your country deserves much better': B.C. judge warned Canadian sentenced to death in China
14 January 2019
Jason Proctor - CBC News

Robert Lloyd Schellenberg was sentenced to 16 months in jail for drug trafficking in 2012

A B.C. judge told Robert Lloyd Schellenberg he was lucky to be living in Canada when he sent him to jail for drug trafficking in 2012.

As the Abbotsford man faces the death penalty in China, Justice Neill Brown's admonition now reads like a chilling warning.

Your country deserves much better from you. You are in one of the best places in the world to live," Brown said as he sentenced Schellenberg in B.C. Supreme Court in Chilliwack.

"You are not caught up in Libya or Syria; I do not have evidence of any abuse in your childhood and I accept that you have your own struggles to deal with, but you have to confront those. After all, it's not as if you are 18, and having to storm Juno Beach."

The journey that carried Schellenberg from that courtroom in the Lower Mainland's Fraser Valley to the centre of an international story is detailed, in part, in court documents obtained by CBC News.

The 36-year-old was sentenced to death Monday in the Dalian People's Court in China's northeast province of Liaoning.

The ruling came after a sudden retrial of a 15-year sentence for allegedly conspiring with others to smuggle 222 kilograms of methamphetamine from China to Australia in 2014.

Prime Minister Justin Trudeau condemned the sentence, which comes amid speculation Schellenberg is one of several Canadians whose fates are enmeshed in a battle between Canada and China over extradition proceedings for Huawei chief financial officer Meng Wanzhou currently underway in Vancouver.

Brown sentenced Schellenberg to two years in 2012 for possession of both cocaine and heroin for the purpose of trafficking as well as simple possession of cannabis resin and methamphetamine.

Because of time served, Schellenberg's ultimate sentence was 16 months and 12 days.

'Do not ever underestimate the seriousness'
Schellenberg pleaded guilty to all four counts, which came about as a result of an investigation into a high-volume drug sales operation that saw his apartment in Abbotsford used as a "distribution centre."

According to the reasons for sentence, Schellenberg was on probation at the time that police raided his fourth-floor apartment, seizing $6,080 worth of cocaine and heroin as well as $3,205 in cash from pill profits.

The judge said Schellenberg was not considered to have been at the "lower rung" of the operation.

His criminal record dates back to February 2003, when he received a six-month sentence for possession for the purpose of trafficking.

At the time Brown sent him to jail, Schellenberg was struggling with addiction.

"He had a work-related accident in which he injured his femur," Brown said. "At the time of his arrest, indeed, he was wearing a cast, and apparently because of his injury, was abusing pain medications."

The judge noted that Schellenberg's father "had turned his back on him because of his criminal history although he still has the support of some family members."

"You are fortunate that you have some family members supporting you," the judge said. "Do not ever underestimate the seriousness of this kind of an offence."

At the time of his sentencing in 2012, Schellenberg's lawyer told the court he was "deeply ashamed, worried about his father and any embarrassment that he is experiencing in the community."

https://www.cbc.ca/amp/1.4977808


'Your country deserves much better': B.C. judge warned Canadian sentenced to death in China
14 January 2019
Jason Proctor - CBC News

Robert Lloyd Schellenberg was sentenced to 16 months in jail for drug trafficking in 2012

A B.C. judge told Robert Lloyd Schellenberg he was lucky to be living in Canada when he sent him to jail for drug trafficking in 2012.

As the Abbotsford man faces the death penalty in China, Justice Neill Brown's admonition now reads like a chilling warning.

Your country deserves much better from you. You are in one of the best places in the world to live," Brown said as he sentenced Schellenberg in B.C. Supreme Court in Chilliwack.

"You are not caught up in Libya or Syria; I do not have evidence of any abuse in your childhood and I accept that you have your own struggles to deal with, but you have to confront those. After all, it's not as if you are 18, and having to storm Juno Beach."

The journey that carried Schellenberg from that courtroom in the Lower Mainland's Fraser Valley to the centre of an international story is detailed, in part, in court documents obtained by CBC News.

The 36-year-old was sentenced to death Monday in the Dalian People's Court in China's northeast province of Liaoning.

The ruling came after a sudden retrial of a 15-year sentence for allegedly conspiring with others to smuggle 222 kilograms of methamphetamine from China to Australia in 2014.

Prime Minister Justin Trudeau condemned the sentence, which comes amid speculation Schellenberg is one of several Canadians whose fates are enmeshed in a battle between Canada and China over extradition proceedings for Huawei chief financial officer Meng Wanzhou currently underway in Vancouver.

Brown sentenced Schellenberg to two years in 2012 for possession of both cocaine and heroin for the purpose of trafficking as well as simple possession of cannabis resin and methamphetamine.

Because of time served, Schellenberg's ultimate sentence was 16 months and 12 days.

'Do not ever underestimate the seriousness'
Schellenberg pleaded guilty to all four counts, which came about as a result of an investigation into a high-volume drug sales operation that saw his apartment in Abbotsford used as a "distribution centre."

According to the reasons for sentence, Schellenberg was on probation at the time that police raided his fourth-floor apartment, seizing $6,080 worth of cocaine and heroin as well as $3,205 in cash from pill profits.

The judge said Schellenberg was not considered to have been at the "lower rung" of the operation.

His criminal record dates back to February 2003, when he received a six-month sentence for possession for the purpose of trafficking.

At the time Brown sent him to jail, Schellenberg was struggling with addiction.

"He had a work-related accident in which he injured his femur," Brown said. "At the time of his arrest, indeed, he was wearing a cast, and apparently because of his injury, was abusing pain medications."

The judge noted that Schellenberg's father "had turned his back on him because of his criminal history although he still has the support of some family members."

"You are fortunate that you have some family members supporting you," the judge said. "Do not ever underestimate the seriousness of this kind of an offence."

At the time of his sentencing in 2012, Schellenberg's lawyer told the court he was "deeply ashamed, worried about his father and any embarrassment that he is experiencing in the community."

https://www.cbc.ca/amp/1.4977808
Looks like he just ignored Canadian judge’s pledge and continued drug trafficking business after he was released.
 
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To be fair, foreigners when they conducted crime in China do enjoy certain level of privileges, not entirely above the law but the punishment tends to be much less than say a Chinese citizen. This may sound odd but I think this just a reflection of Chinese authorities’ approach of underplaying and avoiding excessive publicity due to the fact Chinese law is on a like for like basis harsher than that of Western countries, particularly for serious crime. They tend to prefer deporting the criminals back to the home unless there has been significant damage.

This case may just reflect that double standard/foreign privilege be demolished and every criminal either Chinese citizen or foreigner is handled in the same way.

Don't speak this sh!t. Everyone is equal before the law.
 
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Can you explain me why China did not give him death sentence to begin with?....i.e what changed (in the case itself) that now they give him one (if it is to be believed politics played no role)?



Nope, we will continue to apply our law without political prejudice in our own borders.

Countries that do factor in politics into their law process, will now get commensurate travel warnings and other action dependent on their behaviour.

We will not revisit our sovereignty and application of core law for some thuggish bully's waah tactics....not with the level of stories (about them) coming from their own people that migrate/flee over here in 100s of thousands each year.

Before you clamour about "playing into hands of Americans"...it is our American brothers, that rest side by side with our Canadian martyrs in Europe in two massive foundational wars (the 2nd being instrumental to China even existing today as it does)....who without their sacrifice you would not be sitting there and even having an internet to type about "thinking twice". Understand (or don't, its your choice)...that this plays a deep role in why we have an extradition treaty with our brotherly country and why we honour it and will always do so.

@Vergennes @VCheng @James Jaevid @Hamartia Antidote @jhungary @gambit @Vibrio @Joe Shearer
The charges against her extremely political in nature I mean extradition for defying us sanction on Iran?Canada played a gamble here for a better NAFTA deal and people will die
Canada has full right to do it but it should be ready for the fallout
 
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Why was this Canadian sentenced to 15 years in the first trial?
Reasons: 1) At the time of the initial trial, according to the evidence at the time, the Canadian was considered to be an accessary criminal and not a principal criminal. According to Chinese law, the accessary criminal is generally sentenced to a lighter punishment.
2) At the time of the 2rd trial, the procuratorate decrypted the contents of his communication equipment: the procuratorate found his chat record with other drug dealers. According to the content of the chat, it is obvious that the Canadian drug dealer is the principal offender rather than accessary criminal. As a witness, his associates also identified the Canadian as a drug trafficking principal.According to Chinese law,the principal criminals of drug crimes are given a heavier punishment.


The results of his associate’s trial:
Jian Xiangrong简祥荣 (sentenced to life imprisonment for the crime of transporting drugs and illegal possession of drugs)


Kem, Steven and the pseudonym "Mr. Zhou" /凯姆、史蒂芬与“周先生”:
(all are wanted criminals)


Mai Qingxiang/麦庆祥( death sentence with a two-year reprieve for the crime of transporting drugs)

According to a report by the Canadian Broadcasting Corporation (CBC) on January 14, local time, Schellenberg was sentenced to two years in prison in Canada for the illegal possession of drugs such as cocaine and heroin for trafficking purposes. His final sentence is 16 months and 12 days.
https://www.guancha.cn/internation/2019_01_15_486936.shtml

This guy is a recidivist.
 
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good decision by china.steps like this will prevent canada from taking illegal action against chinese people.they have no right to take action against huawei ceo.if you listen to america you will pay.china should execute more canadians.lessons for canada.
 
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The charges against her extremely political in nature

That is for the US to process and determine....since that is where the crime has been alleged and charges laid. Canadian side only covers the extradition side of the case.

Do not ever mistake what an extradition treaty is and what it covers. You are better than that.

Secondly you have already made up your mind it seems before the merits of the case and evidence is actually brought to a court process. If you were on the jury for the case, you would be replaced 1st thing by the prosecution....if not the judge himself.

Canada played a gamble here for a better NAFTA deal and people will die

What a BS statement.

Canada has full right to do it but it should be ready for the fallout

You seem to mistake what a "right" is, as though countries have the "rights" to ignore their own laws.
 
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So many people are appalled by the court decision. In general, countries have political parties, citizens and armed forces. In the case of China, it's the Chinese communist party that has a country and owns an armed forces.
It's illogical to think the courts will be any different.
 
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Why was this Canadian sentenced to 15 years in the first trial?
Reasons: 1) At the time of the initial trial, according to the evidence at the time, the Canadian was considered to be an accessary criminal and not a principal criminal. According to Chinese law, the accessary criminal is generally sentenced to a lighter punishment.
2) At the time of the 2rd trial, the procuratorate decrypted the contents of his communication equipment: the procuratorate found his chat record with other drug dealers. According to the content of the chat, it is obvious that the Canadian drug dealer is the principal offender rather than accessary criminal. As a witness, his associates also identified the Canadian as a drug trafficking principal.According to Chinese law,the principal criminals of drug crimes are given a heavier punishment.

The results of his associate’s trial:
Jian Xiangrong简祥荣 (sentenced to life imprisonment for the crime of transporting drugs and illegal possession of drugs)

Kem, Steven and the pseudonym "Mr. Zhou" /凯姆、史蒂芬与“周先生”:
(all are wanted criminals)

Mai Qingxiang/麦庆祥( death sentence with a two-year reprieve for the crime of transporting drugs)

According to a report by the Canadian Broadcasting Corporation (CBC) on January 14, local time, Schellenberg was sentenced to two years in prison in Canada for the illegal possession of drugs such as cocaine and heroin for trafficking purposes. His final sentence is 16 months and 12 days.
https://www.guancha.cn/internation/2019_01_15_486936.shtml

This guy is a recidivist.
 
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Canadian Foreign Minister Chrystia Freeland says Canada has asked China to spare the life of a Canadian man facing a death sentence.

Freeland also mentioned a long list of allies that the country has courted in its efforts to free two other Canadians imprisoned last month after Canada arrested a Chinese executive at the request of the United States.

Freeland’s remarks came after China earlier Tuesday expressed “strong dissatisfaction” with Prime Minister Justin Trudeau’s criticism of a death sentence handed down to a previously arrested third Canadian, an alleged drug smuggler.

https://www.washingtonpost.com/busi...79adc8-185a-11e9-b8e6-567190c2fd08_story.html
 
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