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(SGT?) Franck Gervais (split from Walts, posers)

Any NEWS since: http://www.cfra.com/news/2015/01/06/cantley-man-accused-of-impersonating-a-soldier-back-in-court-on-tuesday

???
 
http://www.cbc.ca/news/canada/ottawa/franck-gervais-pleads-guilty-to-illegally-wearing-military-gear-on-remembrance-day-1.2981506

A Quebec man has pleaded guilty to illegally wearing a military uniform and medals during the 2014 Remembrance Day ceremony in Ottawa at the National War Memorial.

Franck Gervais, 32, pleaded guilty in an Ottawa courtroom on Wednesday to the unlawful use of military uniforms and unlawful use of military decoration while dressed as a military officer on Nov. 11.

Gervais is not a member of the Canadian Forces.

The Crown withdrew two charges of personating a public officer.

Gervais, who is from Cantley, Que., was arrested in Ottawa in November and later charged.

After seeing Gervais speaking as a "sergeant" on television on Nov. 11, a number of veterans and soldiers called CBC News to question his status as a soldier.

Gervais's sentencing hearing is scheduled for May 11.
 
Does anyone have the disposition/status of the Gervais case? Went back a bit and found nothing.
 
ueo said:
Does anyone have the disposition/status of the Gervais case?

(SGT?) Franck Gervais (split from Walts, posers)
http://army.ca/forums/threads/116932/post-1355690.html#msg1355690

"Gervais's sentencing hearing is scheduled for May 11."
 
Sentencing is today.

Man who pretended to be a soldier on Remembrance Day faces sentencing

OTTAWA – A Quebec resident who pleaded guilty to charges of unlawfully wearing a military uniform and medals is scheduled to be sentenced today in an Ottawa courtroom.

Franck Gervais pleaded guilty in March to the allegations.

But additional charges of impersonating a soldier are expected to be withdrawn at his sentencing hearing.

Gervais came into the spotlight last November when he appeared in a televised interview on Remembrance Day wearing a Canadian Armed Forces dress uniform.

He also wore a number of decorations including medals for bravery, special service and peacekeeping.

Members of the Canadian Forces quickly came forward after noticing problems with the way Gervais was dressed and the medals he was wearing, and a police investigation was launched.


http://globalnews.ca/news/1990625/man-who-pretended-to-be-a-soldier-on-remembrance-day-faces-sentencing/?hootPostID=8deaa4f8a98b29a6aa8433362393e62c
 
Why the hell would they withdraw the charge of impersonating a soldier? It's pretty obvious he's guilty of that.
 
Jarnhamar said:
Why the hell would they withdraw the charge of impersonating a soldier? It's pretty obvious he's guilty of that.

Not sure, but it could be a typo and it was the charge of him impersonating a "public officer" that was dropped.  WAIT OUT.

[Edit to add:]

Here:  http://www.cfra.com/news/2015/05/11/man-who-posed-as-soldier-last-remembrance-day-to-be-sentenced

Gervais pleaded guilty in March to unlawfully wearing a uniform and decorations. The charge of impersonating a public officer was dropped.
 
Often during the "negotiations" between the Crown and defence, some charges are withdrawn.
 
Jarnhamar said:
Why the hell would they withdraw the charge of impersonating a soldier? It's pretty obvious he's guilty of that.

Yep, stuff like that happens all the time and it depends upon what the Crown wants to spend the time and money on prosecuting and and the various elements of the offences being tried.  Very often (all too often if you ask my opinion) the Crown will negotiate with the Defence in order to make the trial as quick and cost effective as possible.  If they can have a few short hearings and then present a viable solution to the Court on what ever charges/punishment they agree upon it's much easier, much quicker and much cheaper than to schedule a full trial with points, counterpoints, delays and everything that goes with a trial.  It happens all the time in our Court Martial system too.  Just look at the number of Court Martials, and even summary trials, where the first charge is dropped or they are found guilty of a lesser alternate charge. 
 
Schindler's Lift said:
Just look at the number of Court Martials, and even summary trials, where the first charge is dropped or they are found guilty of a lesser alternate charge.
For summary trials, there is no such negotiation.  As a presiding officer, the first time I become familiar with the details of a case is when I am sitting at that trial. It is only by this manner that I am able to truthfully swear an oath stating to the effect that I am there without prejudice.

If there is a bit of to and fro, it is normally between the charge laying authority and the JAG office, in order to ensure that all procedures are met.
 
Technoviking said:
For summary trials, there is no such negotiation.  As a presiding officer, the first time I become familiar with the details of a case is when I am sitting at that trial. It is only by this manner that I am able to truthfully swear an oath stating to the effect that I am there without prejudice.

If there is a bit of to and fro, it is normally between the charge laying authority and the JAG office, in order to ensure that all procedures are met.

Yes, I understand but my underlying comment still stands that in many cases the primary charge is dropped and they go with the secondary charge, even at summary trials.
 
It's not so much a question of dropping the primary in favour of a secondary. Where charges are laid in the alternative a conviction is only possible on one charge. One or the other has to go either by plea or when a guilty finding is made. In some case at Courts Martial, even if charges are not laid in the alternative, some charges are negotiated away in favour of a guilty plea. The decision as to which charge depends on how hard nosed the cto rown or the defence are and not so much whether it is the more significant charge or not. The aim is not to see how many charges you convict someone of because at the end of the day there can only be one sentence awarded. The real aim is to negotiate a suitable sentence given the totality of the offences involved.

At summary trials there is never a negotiation because there is no crown and further more there is no procedure for the entry of a plea of guilty or not guilty by the accused. The best that the accused can do is voluntarily admit some or all of the particulars that are the basis for one or another charge in the hope that the presiding officer takes that into consideration when it comes time to imposing a sentence. Whenever I briefed presiding officers on ST procedures I would point out that if the accused admits responsibility for the offence then the presiding officer should give some consideration to giving a lighter sentence than he otherwise would have. Typically, neither the accused nor the average presiding officer at STs is up to snuff on the nuances of "admitting particulars".

:cheers:
 
Seems as tho' the sentencing has been delayed for some unexplained reason. One wonders just how long this will drag on, he pled guilty sooooo!
 
ueo said:
Seems as tho' the sentencing has been delayed for some unexplained reason. One wonders just how long this will drag on, he pled guilty sooooo!

Maybe they just found out about his mission for the CIA?  ;D
 
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