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楼主: ahwong

spa encounter with police (long time ago)

发表于 2017-10-12 01:10:11 | 显示全部楼层
tchai 发表于 2017-10-11 03:11
Right, There's only one AG in the province whom is the head of all legal prosecutions. The prosecuti ...

Your understanding of criminal law is wrong on so many levels that its really hard to explain it to you. Furthermore I don't know if you are simply over-confident on a subject which you clearly know very little about, or you are just trying to "win" this debate as a matter of personal pride.

This will be my last comment here. If you still want to cling onto your mistaken beliefs then I cannot help you, but I just hope you don't mislead any other bros.

#1 - 死口唔認
If everyone can avoid a sentence by just refusing to admit guilt, then no one will be in jail.

#2 - Benefit of the doubt / 疑點
You don't understand this concept. For their to be any doubt/疑點, the judge must feel that your explanation is at least reasonable. That is why the word "reasonable" is the key word in the sentence "prove beyond a reasonable doubt". If the prosecution asserts that you are guilty of a crime and puts forth some evidence, you can cast doubt by giving an explanation of why the evidence is false. If you can give an explanation that at least sounds somewhat reasonable, then even if the judge is not 100% convinced, you still have a chance to win because there is a reasonable doubt. But if your explanation/story sounds completely ridiculous then there is no doubt/疑點, and you will be convicted.

#3 - residential unit incalls vs spa
With a spa you can easily raise the reasonable doubt that you didn't know there was sex trade going on inside. With a residential unit incall, you cannot give any reasonable explanation to raise reasonable doubt.

#4 - " In incall I can be anyone walked in the unit & give "donation" to the girl"
This is what I am trying to explain to you that a story like that is not reasonable and there is no way a judge will accept it. The cops will be able to prove that the girl is a prostitute and the unit is her place of work. If you walk in, then you are a john. Your explanation that you somehow randomly walked into a residential unit of someone you do not know, and "donated" money will not convince the judge.

#5 - Police as witness
In a court of law, the judge will often rely on expert testimonial. In other words, they will ask the opinion of experts on certain specialized topics, and the expert opinion will be accepted as factual. For example, if someone tries to take the insanity plea, then the professional opinion of a psychologist will be accepted by the judge as a "fact". So when the police gives expert testimony that according to his professional knowledge, certain words are commonly used within the industry as code to refer to certain other things, the judge will accept it as fact. This happens all the time because criminals never say things like "gun", "drug", "murder", etc, they always use coded language, but police also know what these words mean and when they are able to obtain surveillance record of criminal admitted to certain crimes, even if they use code words, they will still be convicted because the judge will trust the police testimony on what those coded words actually mean. So if you admit to give the girl a "donation", the police will tell the judge that based on his professional knowledge, in the sex trade the word "donation" is commonly used to refer to "payment", and the judge will accept it.

#6 - "Even MM singed"
If the MM "singed" you are finished. Guaranteed! There is no way you can give any other reason to explain what you were doing there. Once again, remember that you must give an explanation that sounds REASONABLE. You can't say you were brainwashed by aliens or ridiculous stories like that.

I just want to finish off by advising all bros (those who wishes to take my advice). Don't get me wrong. I am not trying to scare anyone away from condo incalls. The likelihood that cops will come knocking is extremely low. But if on the extremely low chance that they do come busting in while you with a MM, don't try to talk your way out of it, just remain silent and request legal counsel. That is the best you can do. Anyone who 自以為是 and think they can outsmart the law and talk their way out (like they do in movies) is only digger a deeper grave for themselves (unless they are a criminal lawyer).
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发表于 2017-10-12 10:05:35 | 显示全部楼层
fireandice 发表于 2017-10-12 01:10
Your understanding of criminal law is wrong on so many levels that its really hard to explain it t ...

In western law, defendant is innocence at all time. Court judges knew what is it about. (When court judge has preception to trust the police that he himself already violate the law)
Police/witness has to submit PROVED evidences for accusation. Not the defendant. When evidences became concrete that he wins.
To win this case defendant has to create "difficulties" for the police. Pay-for-sex is not easy to locate VALID evidences. Unless defendant accept the charge, Judges would not lay guilty (to defendant) by words used by witness/police WHEN defendant requested EVIDENCES.

OJ Simpson 殺妻案 provided a lession in society of western law. OJ Simpson is jailed when he charged of arm-robbery in Las-Vegas with sound EVIDENCES. (Do you know who is OJ Simpson?)

"Donation" is boardly used in this industries. Why they don't use "Prices". Think about it C-hing! Seems that you're the only person agree price = donation and felt you're correct?

So far, until today, do you see/heard that there're people be jailed under Bill 36? (except those dumb sticks).

自信 would lead anyone out of trouble including law violation. Means do not act yourself being a criminal before conviction (by judges). Police/witness can't accuse anyone as criminal. A 自信 person has to act 自以為是 all the time. I myself belong to this. And I never defeat myself.

SPA is a publice place with "price" listed for services rendered. SPA is a trading places. If SEX-PENATRATION spotted, no way John could make defenses. He'll be defeated in accusation. (Of course John will be OK if police did not see the sex act and no explantion needed)

Condo in-call is non-commercial unit. No "price" listed. In "first" perception it's not a PUBLIC trading location (No public entry. Appointment only). Police/witness has to submit (my) traded-money to proof that I did trade here.

Kill a person by knife. Knife has to be examined of blood & fingerprints. Kill a person by gun. Gun & bullet has to be examined of fire & fingerprints. To proof trade activities, money has to be examined. Evidences is essential in court proceedings. Words is supporting only (in western law).

Price : Is the center of trading for goods/services. A fair, equal value between $ and goods/services.
Donation : Is anything but trading. If it refers to $ it could be ZERO or FREE or $1 million. $ rendered need not equal/fair value to goods/services (Means it is not trade)
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