Don't Understand - Please help Explain Legal Terms

[scroobal]

DATA - is asked when in the course of the trial or very early in the trial it becomes clear a material ingredient to complete an act is missing or had not occurred. Prosecutors primary role is not only to prosecute but to ensure that all material requirements are met. DATA is quite common in petty crime when a key witness spells out in court what actually happened which may not amount to a crime.

Eg of a petty case with DATA. A is charged with criminal intimidation for threatening to slice his neighbour B's throat with a knife in the course of a quarrel along the common corridor.

In court neighbour B tells the court that A is full of bullshit, no balls to do anything let alone carry out any threat and that he has no fear of A. The defence counsel will immediately stand up and ask for DATA. The judge will look at Prosecutor who will readily nod in agreement. Judge will grant DATA and proceedings will come to a halt. Neighbour B who is the complainant will look bewildered, the IO will bring B out and screw the shit out of him. B will then explain that in front of the public and his family he must show his bravado even though he is dead scared of A.

For the act of criminal intimidation to occur, the victim must be sufficiently alarmed ie scared.

Once acquitted, that individual cannot be charged again for the same incident.

DNAQ - a key witness or a crucial piece of incriminating evidence required to get a conviction cannot be produced in court or in the immediate future. Prosecution will usually initiate this. Once granted, the accused is a free man and there is no charge hanging over him. That person however can be charged again for the same incident when the missing pieces becomes available. Most of these cases never make it back to court. Sometimes counsel will seek DATA but rarely ever granted.

 

[scroobal]

DATA - is asked when in the course of the trial or very early in the trial it becomes clear a material ingredient to complete an act is missing or had not occurred. Prosecutors primary role is not only to prosecute but to ensure that all material requirements are met. DATA is quite common in petty crime when a key witness spells out in court what actually happened which may not amount to a crime.

Eg of a petty case with DATA. A is charged with criminal intimidation for threatening to slice his neighbour B's throat with a knife in the course of a quarrel along the common corridor.

In court neighbour B tells the court that A is full of bullshit, no balls to do anything let alone carry out any threat and that he has no fear of A. The defence counsel will immediately stand up and ask for DATA. The judge will look at Prosecutor who will readily nod in agreement. Judge will grant DATA and proceedings will come to a halt. Neighbour B who is the complainant will look bewildered, the IO will bring B out and screw the shit out of him. B will then explain that in front of the public and his family he must show his bravado even though he is dead scared of A.

For the act of criminal intimidation to occur, the victim must be sufficiently alarmed ie scared.

Once acquitted, that individual cannot be charged again for the same incident.

DNAQ - a key witness or a crucial piece of incriminating evidence required to get a conviction cannot be produced in court or in the immediate future. Prosecution will usually initiate this. Once granted, the accused is a free man and there is no charge hanging over him. That person however can be charged again for the same incident when the missing pieces becomes available. Most of these cases never make it back to court. Sometimes counsel will seek DATA but rarely ever granted.

 

[kulgai]

I read with curiosity the ST this morning and do not understand about some legal terms used in the current Ng Boon Gay trial.

Q1 - What is the meaning of "did not get any gratification" in this case? In other words how to quanltify gratification?

Q2 - "Oral sex not completed" - again how to quantify a completed and uncompleted oral sex?

Q3 - "chief never got any gratification from them, there could not be any corruption involved" - this is again very confusing because how to equate a gratified act with corruption ot now not to equate?

these are not legal terms per se.
What defence lawyer is saying is simply this: Gay did not cum so he did not get the benefits of satisfaction. He claims that Gay got frustrations instead of satisfaction and therefore there is no corruption. This is analogous to someone who tries to bribe with $$ but $$ did not change hands, hence no coruption took place.
This argument, though creative, will not hold water. This is because the mere act of receiving BJ from her already showed intent to obtain gratification.

 

[BuiKia]

Oral sex is oral sex, complete or not is a different question.

Based on my experience, when you engage a FL to give you a BJ, no matter you manage to cum or not (complete or not), you still pay the full amount as it is still service render.

FL are professionals like doctors and lawyer. Doctor cure you or not still charge you in full. Lawyer win your case or not still charge you in full. FL make you cum or not, they still charge you in full.

these are not legal terms per se.
What defence lawyer is saying is simply this: Gay did not cum so he did not get the benefits of satisfaction. He claims that Gay got frustrations instead of satisfaction and therefore there is no corruption. This is analogous to someone who tries to bribe with $$ but $$ did not change hands, hence no coruption took place.
This argument, though creative, will not hold water. This is because the mere act of receiving BJ from her already showed intent to obtain gratification.

 

[gz0707]

If this defence succeeds, that means all bros who did not cum can now get away without paying $$$. They can of course engage Tan Chee Meng service. in fact, this now creates a picha lobang for divorce cases, since the act is deemed "Not gratified".

 

[Brightkid]

The latest twist seemed like SC TCM implied Ng did had his prick grabbed (never mind by hand or mouth) by Sue.

Now, assuming that was stated in Ng's statement to police, can he then subsequently deny it (contradict the police statement) as no hard evidence can be shown, via witness or CCTV, etc?

Will he get a police charge for false statement, or reprimand, or whatever since no evidence ?

 

[Cestbon]

I dont think Mr. Ng will be sentence to jail more than 3 month.
From the case spin spin spin..........
Look like Mr. Ng is very powerful know a lot inside info. Gov dare not to jail him worry he will spill all the bean.

 

[apogee]

The last point was most shocking to me. And coming from a SC, even harder to swallow. NBG may be regretting his decision now. Don't recall SC TCM being a prolific criminal lawyer.

Tan Chee Meng is not the only SC who makes asinine statements in court. I have seen other SC doing it as well. That's the difference between our SC and the English QC. The latter are always trying to help the court come to a correct decision.

 

[aurvandil]

TCM's move might not make much sense from a legal perspective. They however make perfect sense if you take into account the media publicity from the case. The msm through their reporting, have strangely made NBG out to be some kind of anti-hero. From the reporting to the pictures, it is obvious who the msm is rooting for. What is amazing is that SPH and Mediacorp have somehow decided to sing the same song in tune.

We are now left with very unflattering images of CPIB and AGC. In particular, the once near mythical reputation of the CPIB is now in tatters. This spells a direct attack on one of the few remaining image assets (incorruptibility) of the mainstream PAP Elite that is currently in power.

i also found TCM unusually bold and the learned judge unusually meek. It leaves me wondering if there are more than one pair of invisible hands at work. If there is, the 2nd pair of hands are truly the hands of a master.

Bro, this kind of advocacy is common in jury trial where lay people can be persuaded to move away the actual case and focus on something that is not really relevant. Painting a witness and focusing on a witness is the usual approach.

TCM needs to prove that no sex had occurred and therefore gratification was no involved. Instead everyone is focusing on if the sex was forced or not. The stupid women still enter the car after previous attempts which is unbelievable. If the sex was consensual it is still corruption.

Frankly this case is really weird - the SC is doing things unheard of. And the key prosecution witness is the biggest drama queen in the history of criminal trial and the CPIB running a comedy club.

 

[Froggy]

these are not legal terms per se.
What defence lawyer is saying is simply this: Gay did not cum so he did not get the benefits of satisfaction. He claims that Gay got frustrations instead of satisfaction and therefore there is no corruption. This is analogous to someone who tries to bribe with $$ but $$ did not change hands, hence no coruption took place.
This argument, though creative, will not hold water. This is because the mere act of receiving BJ from her already showed intent to obtain gratification.

Your explanation is very clear. Thank you very much.

 

[watchman8]

I dont think Mr. Ng will be sentence to jail more than 3 month.
From the case spin spin spin..........
Look like Mr. Ng is very powerful know a lot inside info. Gov dare not to jail him worry he will spill all the bean.

Don't think nbg is that powerful, as otherwise he would not even be charged in court. It's more like a case of the judge not controlling the case tightly, maybe because he also gian to listen to the juicy stories by cs, so gave more leeway for TCM to dwell into irrelevant points.

CPIB and AGC also getting sloppy. Their bosses acting like OJTs.

SPH was along for the ride to sell newspapers, they just report the happenings as it was, and they were given green light to splash this on front pages, probably the new MHA boss wanted to set an example out of nbg. It was slow creep for the impression of incompetence at CPIB and AGC. We can expect full damage control and clean up ops to start soon.

Nbg will get heavier sentence, IMO.

 

[Alamaking]

Cecilia Sue said this before:"We didnt have sex, he did penetrate, but he didnt ejaculate", LOL

 

[Brightkid]

This DATA and DNAQ scenario is interesting how defense council can ask for it.

Say for discussion sake, 'A' accused 'B' of damaging his plants outside his flat and a police report lodged. Bcos B is afraid of A as A had previously made threats to B and all other bullying stuff, B 'confessed' in his statement to police during a call up by the IO just to hopefully pay a small amount for the 'mischief' and get issue behind and away from A and move on with life.

Subsequently, as advised by defense council, B told the truth with denied to statement given to police as there is really no proof to show B had damaged A's plants as A had claimed.

Can B's defense ask for DATA even though B had given a police statement that he had damaged A's plants? Will the court charge B for giving inaccurate statements ? What will be B's chance of a DATA or DNAQ and no charge (probably a reprimand) for inaccurate statement to police?

Value of damage is not key here, but the process of the law and reversal of police statement is.

 

[mollusk]

Cecilia Sue said this before:"We didnt have sex, he did penetrate, but he didnt ejaculate", LOL

maybe he penetrated the wrong hole?..

 

[GoldenDragon]

Don't think nbg is that powerful, as otherwise he would not even be charged in court.

CPIB and AGC also getting sloppy. Their bosses acting like OJTs.

Nbg will get heavier sentence, IMO.

Yes, yes and YES.

 

[GoldenDragon]

Oral sex is oral sex, complete or not is a different question.

Based on my experience, when you engage a FL to give you a BJ, no matter you manage to cum or not (complete or not), you still pay the full amount as it is still service render.

FL are professionals like doctors and lawyer. Doctor cure you or not still charge you in full. Lawyer win your case or not still charge you in full. FL make you cum or not, they still charge you in full.

Excellent illustrations indeed.

To go a step further, if in 45 minutes you tak boleh, licensed OKTs in Geylang also collect $150 from you. If you cannot make it or decide to take one shot, when you can have 2, OKTs for Siam Boos (on-line) also get their gals to collect $150-$200 from you.