Richard Bellars

A meeting area where members can relax, chill out and talk about anything non magical.


Moderators: nickj, Lady of Mystery, Mandrake, bananafish, support

Web Design for Magicians World-Of-Magic, Suppliers of quality Magic Worldwide Dude That's Cool Magic Aeternum Servare Secreta Best prices around! Visit Magicbox for all the latest and best effects!

Re: Richard Bellars

Postby Mandrake » Oct 23rd, '12, 09:49



We've previously mentioned that there are few places on this planet where a criminal record won't be known, the information will be on databases for Customs and Immigration services very quickly as such data is shared globally for security purposes. Whilst it won't necessarily restrict travel overseas, it will certainly mean virtually no chance of doing magic for a living in most places. On return to the UK any travellers of interest will be carefully and intensively vetted as to where they've been, what they've been doing and all baggage will be searched to make sure there's nothing untoward being brought back. At the same time it will be personally very unpleasant so the punishment won't end when the sentence of the court ends in three year's time.

User avatar
Mandrake
'
 
Posts: 27494
Joined: Apr 20th, '03, 21:00
Location: UK (74:AH)

Re: Richard Bellars

Postby corindaman » Nov 2nd, '12, 15:49

soveda wrote:
Aza wrote:Might be alright if he moves to Thailand?! :lol:

Much love

Aza

Too soon?


It didn't do Gary glitter any good, he ended up inside in a foreign country. By the way anyone heard about James Biss, a canadian magician/mentalist doing time for sex with a minor!

corindaman
Preferred Member
 
Posts: 106
Joined: Oct 26th, '07, 09:25

Re: Richard Bellars

Postby Mandrake » Nov 2nd, '12, 23:51

We mentioned the James Biss situation when he was originally charged.

User avatar
Mandrake
'
 
Posts: 27494
Joined: Apr 20th, '03, 21:00
Location: UK (74:AH)

Re: Richard Bellars

Postby Part-Timer » Nov 3rd, '12, 00:10

You need to be careful about saying people have committed offences, which they have not. James Biss's crime did not involve a minor.

It was still despicable, just not a minor.

Part-Timer
Elite Member
 
Posts: 3085
Joined: May 1st, '03, 13:51
Location: London (44:SH)

Re: Richard Bellars

Postby Mandrake » Nov 3rd, '12, 00:20

Just to be clear on the facts, according to http://www.mississauga.com

    A former Erindale Secondary School teacher has pleaded guilty to the sexual exploitation of one of his students.
    James Biss, 53, of Erin Mills, who entered his plea yesterday in Brampton court, returns to court on Sept. 24 for sentencing before Justice Joseph Bovard.
    Court documents show Biss admitted to, "for a sexual purpose," touching the female student's body while he was "in a position of trust or authority" between April and August of 2010 in Ontario and while on school-related trips to Italy and Kenya.

Sentencing took place as scheduled in September and:

    Calling his actions a "gross breach of trust" that amounted to an "enormous deception," an Ontario Court judge has sentenced a former Erindale Secondary School teacher to 14 months in jail for a sexual relationship he had with one of his students.


User avatar
Mandrake
'
 
Posts: 27494
Joined: Apr 20th, '03, 21:00
Location: UK (74:AH)

Re: Richard Bellars

Postby mark lewis » Nov 3rd, '12, 05:24

Yes. Here is the press report.
http://www.mississauga.com/news/article ... misconduct

The girl was 16 years old, possibly 15 years old at the time of the offence. I am not sure whether this counts as a minor or not.

mark lewis
Elite Member
 
Posts: 3875
Joined: Feb 26th, '05, 02:41

Re: Richard Bellars

Postby DrTodd » Nov 4th, '12, 11:08

User avatar
DrTodd
Elite Member
 
Posts: 2196
Joined: Feb 5th, '06, 08:44
Location: East Bergholt

Re: Richard Bellars

Postby mark lewis » Nov 4th, '12, 13:43

Yes indeed. I just checked here:
http://canadaonline.about.com/od/canadi ... jority.htm

It is well under the age of majority in EVERY province. Ontario where the offence was committed is one of the lowest ages where a person is considered a minor but it is still well under the limit. Since the girl was under 18 years old she would certainly be considered a minor. I wonder what the age limit is in Britain? I have a vague memory that in England and Wales it is 18 and in Scotland it is 16 years old, hence Gretna Green. I could well be wrong of course.

There was also a breach of trust element in this offence which had some influence on the case. James, on his website, called it "an unconventional friendship" and it was certainly that.

mark lewis
Elite Member
 
Posts: 3875
Joined: Feb 26th, '05, 02:41

Re: Richard Bellars

Postby mark lewis » Nov 4th, '12, 13:46

Aha! Here is more information:
http://canadaonline.about.com/od/canadi ... onsent.htm

It seems that if James Biss had waited another year he would not have been in the pickle he is in now.

mark lewis
Elite Member
 
Posts: 3875
Joined: Feb 26th, '05, 02:41

Re: Richard Bellars

Postby Part-Timer » Nov 4th, '12, 15:02

There's quite a bit of confusion here, caused by the fact that, in terms of sex, one can cease to be a "minor" without reaching the age of majority. In England, for example, the age of sexual consent is 16, but you can't buy alcohol or vote until you are 18. Legislation tends to avoid using terms such as "minor" or "age of majority" and usually sets out the actual ages.

In spite of this, the crime of having sexual contact with someone under the age of 16 is often referred to as having sex with a minor (in fact, this summary can be misleading for a number of reasons).

The point is that James Biss was not charged with, or convicted of, having sex with a minor (as it might be put colloquially). The exploitation offence is separate and seems to extend the protection afforded to "minors" to slightly older people, in particular circumstances. Technically, they are old enough to consent, but Canadian law says they need some extra protection from coercion. I think this is fair enough and there is a similar offence relating to positions of trust in England too.

The Gretna Green thing was not to do with the age of consent. It related to the law about getting married, in particular the age at which a marriage could take place without the parents' permission (at least in relativley recent times).

Part-Timer
Elite Member
 
Posts: 3085
Joined: May 1st, '03, 13:51
Location: London (44:SH)

Re: Richard Bellars

Postby mark lewis » Nov 5th, '12, 05:41

Of course there were all sorts of other charges relating to this matter but they were dropped. I think there was probably a plea deal ( I don't think these happen in the UK) if he pleaded guilty to this one charge then they would drop the others. I am not sure if the other charges were related to the girl being a minor. At any rate the thing is a mess and the consequences are dire even when he leaves prison. He will not be able to visit the United States or Britain any more since he will be denied entry because of the conviction and of course his teaching career will be up the spout.

mark lewis
Elite Member
 
Posts: 3875
Joined: Feb 26th, '05, 02:41

Re: Richard Bellars

Postby kartoffelngeist » Nov 13th, '12, 18:10

mark lewis wrote:Of course there were all sorts of other charges relating to this matter but they were dropped. I think there was probably a plea deal ( I don't think these happen in the UK) if he pleaded guilty to this one charge then they would drop the others. I am not sure if the other charges were related to the girl being a minor. At any rate the thing is a mess and the consequences are dire even when he leaves prison. He will not be able to visit the United States or Britain any more since he will be denied entry because of the conviction and of course his teaching career will be up the spout.

The UK justice system would grind to a halt without plea bargaining, it definitely happens in Britain....

User avatar
kartoffelngeist
Senior Member
 
Posts: 432
Joined: Jan 23rd, '07, 18:23
Location: Aberdeen

Re: Richard Bellars

Postby Mandrake » Nov 13th, '12, 18:24

It also works in reverse. I used to live next door to a Police Sergeant and he told me that one of their favourite antics to clear up outstanding petty crime was to wait until they'd got someone in the cells for one offence, then get them to sign their statement, tell them that the signature wasn't very good, try again of another sheet of paper, then another.... you can see where this is going.... the same criminal ended up confessing in writing to crimes he hadn't committed but was assured of an easy time in jail if he kept quiet.

User avatar
Mandrake
'
 
Posts: 27494
Joined: Apr 20th, '03, 21:00
Location: UK (74:AH)

Re: Richard Bellars

Postby mark lewis » Nov 13th, '12, 23:22

kartoffelngeist wrote:
mark lewis wrote:Of course there were all sorts of other charges relating to this matter but they were dropped. I think there was probably a plea deal ( I don't think these happen in the UK) if he pleaded guilty to this one charge then they would drop the others. I am not sure if the other charges were related to the girl being a minor. At any rate the thing is a mess and the consequences are dire even when he leaves prison. He will not be able to visit the United States or Britain any more since he will be denied entry because of the conviction and of course his teaching career will be up the spout.

The UK justice system would grind to a halt without plea bargaining, it definitely happens in Britain....


I am surprised to hear that. It must be an unofficial thing. I have never heard of it when I lived in the UK. Quite frankly, I don't like the sound of it. It means that someone is likely to plead guilty to something that he or she didn't do just to get a lighter sentence. Nobody should be put in a corner like that. No wonder prosecutors and police over charge.

mark lewis
Elite Member
 
Posts: 3875
Joined: Feb 26th, '05, 02:41

Re: Richard Bellars

Postby kevmundo » Nov 14th, '12, 01:22

mark lewis wrote:
kartoffelngeist wrote:
mark lewis wrote:Of course there were all sorts of other charges relating to this matter but they were dropped. I think there was probably a plea deal ( I don't think these happen in the UK) if he pleaded guilty to this one charge then they would drop the others. I am not sure if the other charges were related to the girl being a minor. At any rate the thing is a mess and the consequences are dire even when he leaves prison. He will not be able to visit the United States or Britain any more since he will be denied entry because of the conviction and of course his teaching career will be up the spout.

The UK justice system would grind to a halt without plea bargaining, it definitely happens in Britain....


I am surprised to hear that. It must be an unofficial thing. I have never heard of it when I lived in the UK. Quite frankly, I don't like the sound of it. It means that someone is likely to plead guilty to something that he or she didn't do just to get a lighter sentence. Nobody should be put in a corner like that. No wonder prosecutors and police over charge.


Rest assured, plea bargaining (in the American sense) does not happen in the UK. The most that would happen is that people may be encouraged to plead to a lesser offence. For example, you're stopped in a stolen vehicle - the police are convinced you were driving and charge you with TDA. At court you suggest that you weren't driving but knew that the car was stolen. In this instance you could be convicted of the lesser offence of 'allowing to be carried.' It's a tactical move to guarantee a 'guilty' person a shorter sentence. It's a personal decision and there is no negotiation involved - you decide yourself on the evidence against you. There is no material inducement in English law that I know of that would encourage an innocent person to enter negotiations over his plea - it does not happen. If it does, it's unlawful.

K :D

kevmundo
Senior Member
 
Posts: 651
Joined: Aug 16th, '12, 22:04
Location: Huntingdon & London

PreviousNext

Return to The Dove's Head

UK's Online Magic Tricks and Jokes Shop offers kids and beginner magic tricks and jokes. Sorcery Shop - Home of the ITR MagicWorld Magic Shop for Magic Tricks Manufacturer of modern & unique magic apparatus! A web site set up to sell my book, THE STRIPPER DECK, and future magical/mentalism titles. Playing Cards for Magicians Best prices around!

Who is online

Users browsing this forum: No registered users and 1 guest