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发表于 2017-2-14 11:39
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hornsay 发表于 2017-2-14 11:02
没必要再在这个问题上争论了。你觉得法官重判谢就可以了。
我看到了法官的对动机和证据的讲话，可以了。 ...
判决书已经公布了，不需要看视频或新闻
R v Xie [2017] NSWSC 63 (13 February 2017)
http://www.austlii.edu.au/cgi-bi ... /NSWSC/2017/63.html
I am satisfied the offender attached rope to a hammer-like weapon, most likely to ensure that he did not lose control of the weapon as he wielded it at the heads and faces of Min and Lily Lin, and in order to maximise the degree of assaultive force to ensure that he killed them with speed and efficiency.
I am also satisfied that the rope remained attached to the weapon, but free hanging, as it was wielded at Irene Lin and then the two children, becoming blood soaked in the process of those assaults.
(法官对凶器的看法)
I am satisfied that the key the offender used to enter 55A Boundary Road with the intention of killing at least Min and Lily Lin was cut from a spare key that had been entrusted to the offender’s wife for her safe keeping.
(法官对凶手所用钥匙的看法)
I am also satisfied that in perpetrating the murders the offender used knowledge he had acquired as a family member, including, in particular, the layout of the bedrooms upstairs and the location of the power box to enable him to enter the house by stealth.
(法官相信凶手作案利用了作为家庭成员熟悉房子结构的知识)
[...]
While I consider it very likely that the offender sedated his wife, I am unable to be satisfied of that fact beyond reasonable doubt.
(法官认为，凶手很可能给妻子注射了镇静剂，但她不认为证据强到无可置疑)
There remains, in my view, a possibility that Kathy Lin simply did not wake when the offender left the house sometime after 2am on 18 July 2009, returning later that morning. In coming to that view, I have taken into account Kathy Lin’s evidence that she had never woken to find the offender not beside her in bed and would always wake if he left the bed for any reason. Since I accept Ms AB’s evidence that the offender entered the bedroom she shared with the offender’s son and sexually assaulted her on repeated occasions between August 2009, when she became a member of the offender’s household, and when he was arrested in May 2011, Kathy Lin’s evidence that she would always wake if the offender left the bed, and that he had never done so and gone into Ms AB’s bedroom at night, cannot be accepted as reliable.
(法官认为，凶手妻子可能只是没有察觉到凶手夜间起来。法官接受孤女关于凶手夜间起来性侵的证词。因此，她认为凶手妻子关于凶手夜间起来的证词不可信。)
[...]
While either or both of those motives may have been what motivated the offender to execute the meticulously planned murder of at least Min and Lily Lin (irrespective of whether that plan also contemplated the potential that other occupants of the house might need to be killed if they were roused from sleep by the force of his attack on Min and Lily Lin, to avoid them identifying him as the killer or raising the alarm and inhibiting him from leaving the house unseen), I am unable to make that finding beyond reasonable doubt.
(法官认为控方对于凶手动机的看法并非无可置疑)
However, given that I am satisfied that the offender entered the Lin family home knowing the occupants would be asleep, that he disabled the power in order to exercise control over them and that he was armed with a weapon fashioned for the purpose of applying maximum assaultive force, the fact that I am unable to reach a point of satisfaction to the criminal standard as to what in fact motivated him to do what he did does nothing to diminish the gravity of his offending.
(法官相信，凶手进入房子的时机，关闭电源的做法，所选择造成最大伤害效果的凶器。由于这些，凶手的动机所存疑问对他犯罪的严重性已经毫无影响。)
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