Buggernut Posted March 10, 2011 Share Posted March 10, 2011 It seems a number of persons are breaking the law in respect of publishing the name and/or identifying details of the accused. Members of the public may inadvertently be breaking a publication ban by circulating online and through social media the name of the teen charged in Laura Szendrei’s murder, Delta police Sgt. Sharlene Brooks said. The 18-year-old charged Monday with first-degree murder cannot legally be identified under the Youth Criminal Justice Act as he was just 17 at the time of Szendrei’s slaying. But both his name and details of his family history are available online in several chat rooms, including some set up to memorialize the 15-year-old Szendrei. The accused killer remains in custody until his next court appearance March 7. Brooks said it is possible that the people posting his name online are unaware that they are violating the law. “It may be a case where the general public may not be aware that posting information and sending information identifying a young person, as defined under the act, is actually an offence,” Brooks said. “It is conceivable that the public may not be aware that the publication ban does not only apply to Crown, police and media, but applies and places responsibility on everyone to comply with the provisions of the Youth Criminal Justice Act.” Brooks said online breaches are extremely difficult to police. “As you can imagine, this issue is very complex when it comes to investigating — one of the challenges is that information posted on social media sites is fast moving and widespread,” she said. “Additionally, when the information is out there on the world wide web, the ability to have it removed is almost impossible given there are several sites in which information can be posted and some of the sites are hosted outside of Canada.” Szendrei was brutally assaulted along a wooded pathway in North Delta’s Mackie Park in broad daylight last Sept. 25. She died in hospital the next day surrounded by family members. Her death rocked fellow students and teammates who have paid tribute to Szendrei online for months and speculated about what might have happened. Stuart Poyntz, an assistant professor in Simon Fraser University’s School of Communication, said it is not surprising that teens are revealing the identity of the accused online given the way they use Facebook and other social media to communicate. And he said the issue underlines “the confusion and contradictions that exist around Facebook.” Young people think they are communicating privately on a “peer-to-peer forum,” he said. But in reality, these online forums are public and “they are violating laws and legal practices, but they don’t see it that way.” Poyntz said youth are generally surprised when things they post “burst into public view.” “They find it unexpected and they don’t understand,” he said. Brooks said Delta police would rather educate Internet users than shift police resources away from the ongoing murder probe to investigate online breaches of the publication ban. “At this point, the Delta police will do what we can to educate people about this issue and remind them that participating in or facilitating the distribution of information identifying a young person is an offence and would make a person subject of an investigation,” Brooks said. “We are asking people to appreciate the seriousness of this and work with us to stop the continuation of such an offence and adhere to the laws laid out that apply to everyone.” Crown counsel spokesman Neil MacKenzie also said it is difficult to rein in online chatter about a high-profile murder case. “Clearly, controlling the publication of banned information through social networking sites is a complicated issue,” MacKenzie said. “Whether any particular case constitutes a prohibited publication would have to be assessed based on the specific circumstances.” He said it would be up to police to investigate possible breaches in this case or any other. “I would not want to speculate at this point about what action might be taken in this specific case,” MacKenzie said.http://www.vancouversun.com/news/Chatrooms+identify+accused+young+offender+Delta+teen+murder/4336105/story.html#ixzz1EqWwdmQo Link to comment Share on other sites More sharing options...
Buggernut Posted March 10, 2011 Share Posted March 10, 2011 That's why the phone and private word of mouth conversation is such a good idea! You simply set up a memorial or something and then you can discuss it there. Just don't publish it! Link to comment Share on other sites More sharing options...
Wetcoaster Posted April 4, 2011 Share Posted April 4, 2011 The first appearance in court in Surrey for the accused in the Laura Szendrei murder. Under the YCJA although he is now 18 he cannot be identified because he was 17 at the time of the murder. An 18-year-old Delta man accused of first-degree murder in the Laura Szendrei case is scheduled to make a court appearance in Surrey Provincial Court, where he may make a plea. The accused was originally scheduled to appear in court in early March, but when a video link was not available, the date was put over to today. Szendrei, 15, was walking in a wooded area of Mackie Park, in the 8200-block of 110th, about 1:30 p.m. Sept. 25, 2010 when she was attacked. She died the next day in hospital, with her family by her side. The accused was 17 at the time of the murder, so his name cannot be released by law. Delta police Sgt. Sharlene Brooks said in February that there is no evidence that Szendrei knew the accused, who was also not previously known to police. Meanwhile, police have not revealed the cause of death beyond describing it as “blunt force trauma.”http://www.vancouversun.com/news/Accused+killer+Laura+Szendrei+case+appear+Surrey+court/4554841/story.html#ixzz1IZj4c78N Link to comment Share on other sites More sharing options...
Wetcoaster Posted April 4, 2011 Share Posted April 4, 2011 The accused appeared in court in Surrey this morning but the issue of a bail hearing was adjourned as defence counsel has to review over 8000 pages of Crown disclosed documents. http://www.news1130.com/news/local/article/207444--laura-szendrei-s-accused-killer-in-court Link to comment Share on other sites More sharing options...
Dellins Posted April 4, 2011 Share Posted April 4, 2011 The accused appeared in court in Surrey this morning but the issue of a bail hearing was adjourned as defence counsel has to review over 8000 pages of Crown disclosed documents.http://www.news1130.com/news/local/article/207444--laura-szendrei-s-accused-killer-in-court Link to comment Share on other sites More sharing options...
Wetcoaster Posted April 5, 2011 Share Posted April 5, 2011 Wow... how long will that take? Link to comment Share on other sites More sharing options...
Wetcoaster Posted May 13, 2011 Share Posted May 13, 2011 The preliminary hearing for the accused is set for 14 days beginning April 10, 2012. The Crown will be seeking an adult sentence. The North Delta teen charged with first-degree murder in the beating death of 15-year-old Laura Szendrei will have his preliminary hearing next April and May in Surrey provincial court. The hearing is set for 14 days, to begin April 10. His next court appearance is scheduled for Feb. 27, for a pre-trial conference. He remains in custody. The accused was 17 years old when Szendrei was killed, so it is illegal to publish his name as the Youth Criminal Justice Act shields his identity. Szendrei died in hospital on Sept. 26, a day after she was viciously beaten in broad daylight while walking along a path in the Mackie Park forest, in the 8200-block of 110th Street in North Delta. The Crown plans to seek an adult sentence if the accused is found guilty. That would work out to life without eligibility to apply for parole until 25 years are served. (MY NOTE - this is not correct - if convicted of murder as a youth even if sentenced as an adult the minimum period is 10 years for parole eligibility not 25) Under the YCJA, a first-degree murder conviction carries a sentence of 10 years, with six in custody. Police have not released how Szendrei was killed. There's speculation a baseball bat was used but police have not confirmed this. There was no sign of sexual assault. http://www.theprovince.com/news/Preliminary+hearing+next+April+Szendrei+accused+killer/4773258/story.html#ixzz1MBxOvWpe Link to comment Share on other sites More sharing options...
Sharpshooter Posted May 13, 2011 Share Posted May 13, 2011 The preliminary hearing for the accused is set for 14 days beginning April 10, 2011. The Crown will be seeking an adult sentence. The North Delta teen charged with first-degree murder in the beating death of 15-year-old Laura Szendrei will have his preliminary hearing next April and May in Surrey provincial court. The hearing is set for 14 days, to begin April 10. His next court appearance is scheduled for Feb. 27, for a pre-trial conference. He remains in custody. The accused was 17 years old when Szendrei was killed, so it is illegal to publish his name as the Youth Criminal Justice Act shields his identity. Szendrei died in hospital on Sept. 26, a day after she was viciously beaten in broad daylight while walking along a path in the Mackie Park forest, in the 8200-block of 110th Street in North Delta. The Crown plans to seek an adult sentence if the accused is found guilty. That would work out to life without eligibility to apply for parole until 25 years are served. (MY NOTE - this is not correct - if convicted of murder as a youth even if sentenced as an adult the minimum period is 10 years for parole eligibility not 25) Under the YCJA, a first-degree murder conviction carries a sentence of 10 years, with six in custody. Police have not released how Szendrei was killed. There's speculation a baseball bat was used but police have not confirmed this. There was no sign of sexual assault.http://www.theprovin...l#ixzz1MBxOvWpe Link to comment Share on other sites More sharing options...
Wetcoaster Posted May 13, 2011 Share Posted May 13, 2011 Murder weapon is kinda important to the prosectution's case, no? Link to comment Share on other sites More sharing options...
Buggernut Posted May 13, 2011 Share Posted May 13, 2011 Can somebody please provide a link to an out of country site which names the accused? Just don't post the names here, since that would be a criminal violation and will likely get you banned from the board. I just love circumventing the law with loopholes and technicalities. Link to comment Share on other sites More sharing options...
Wetcoaster Posted May 13, 2011 Share Posted May 13, 2011 Can somebody please provide a link to an out of country site which names the accused? Just don't post the names here, since that would be a criminal violation and will likely get you banned from the board. I just love circumventing the law with loopholes and technicalities. Link to comment Share on other sites More sharing options...
Sharpshooter Posted May 13, 2011 Share Posted May 13, 2011 The police may well have the murder weapon. All the story says is they are not releasing details. Those details will come out during the prelim. Link to comment Share on other sites More sharing options...
silverpig Posted May 13, 2011 Share Posted May 13, 2011 As would posting a link that contained the name, even if it were "out of country". Link to comment Share on other sites More sharing options...
Wetcoaster Posted May 13, 2011 Share Posted May 13, 2011 What about posting a link to a site that had a link to another site with the name? If that's a problem, then all links to google and facebook should be out... Link to comment Share on other sites More sharing options...
Common sense Posted May 14, 2011 Share Posted May 14, 2011 Yes if you post a link on this forum that leads to the name directly or indirectly then it would contravene the law on publication. Link to comment Share on other sites More sharing options...
Upshall18 Posted May 14, 2011 Share Posted May 14, 2011 Name used to be on a certain site. But last I checked, they removed any references to the name. Too late Link to comment Share on other sites More sharing options...
Buggernut Posted May 14, 2011 Share Posted May 14, 2011 Yes if you post a link on this forum that leads to the name directly or indirectly then it would contravene the law on publication. Link to comment Share on other sites More sharing options...
Wetcoaster Posted May 14, 2011 Share Posted May 14, 2011 That's quite an overreaching arm of the law there. Anyways, I managed to come across the name... Did I just break the law by doing this... or dropping these hints? Link to comment Share on other sites More sharing options...
Buggernut Posted May 14, 2011 Share Posted May 14, 2011 2. (1) The definitions in this subsection apply in this Act. "publication" means the communication of information by making it known or accessible to the general public through any means, including print, radio or television broadcast, telecommunication or electronic means. Link to comment Share on other sites More sharing options...
Donky Posted May 14, 2011 Share Posted May 14, 2011 Pretty sure if you search the internet you can find out the name....OOOPS I've said too much! Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.