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back to article McKinnon extradition review date set

A judicial review on whether the Home Secretary was right to allow extradition proceedings against Gary McKinnon to continue despite his recent diagnosis with Asperger's Syndrome has been scheduled for 9 and 10 June. Only the Asperger's Syndrome aspects of the Home Office's handling of the case will be considered during the …

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Done and dusted

Oh well thats ok then, Sting is here to save the day. Thank fuck for that, for a moment I thought we were going to have to rely on Bono QC or Saint Geldof to save the day. What is it with rock stars and political meddling?

On the other hand, he might still be fscked, as Marillion are weighing in. Hardly live aid is it?

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Anonymous Coward

Confused...

"McKinnon's campaign has taken off over recent months with the support of autism experts, who argue he doesn't deserve a custodial sentence anywhere ..."

I don't understand. Are the autism experts claiming he doesn't deserve be a custodial sentence *because* he's autistic?

If so, that's clearly ridiculous, since an insane person can still be tried for a crime, albeit under diminished capacity. Whereupon they'll transport you away to a room with unique floor and wallpaper specifications.

If that's not what they're saying - if they're simply saying he doesn't deserve a custodial sentence, then why should we care that they're autism experts? Their statement has nothing to do with autism, and their comment isn't based on his autism.

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weehhaaayyy

Well i do feel sorry for the guy and i dont think he should be Ass raped ... i mean extradited to an american prison

But like

WTF is a gig going to do to help !!!!

oh wait i've got it !!!

Media attention for the bands !!!!

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Anonymous Coward

Qualified?

Presumably all these Celebs have had their high paid lawyers review the evidence in the case prior to determining guilt (or lack of)?

Medical conditions do not make you innocent of committing a crime, only a mitigation when passing sentence once guilt has been proven.

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Anonymous Coward

Doesn't deserve a custodial sentence?

So Asperger's syndrome suddenly means you are immune from prosecution? If this appeal succeeds then no doubt any number of people awiting trial or already banged up are no doubt going to be diagnosed with Aspergers.

Never heard of mental illness or incapacity being a bar to a custodial sentence, perhaps a reason to be banged up in a mental institution rather than a prison, but not a complete bar to a sentence.

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Stop

Re: Qualified?

"Medical conditions do not make you innocent of committing a crime, only a mitigation when passing sentence once guilt has been proven."

Wrong.

The definition of most crimes includes both actions and knowledge. Historically, the view was "the act does not make a person guilty unless the mind is also guilty".

The criminal law should not apply where the defendant does not understand their actions or the consequences. In other words: "did the defendant know what he was doing?".

http://en.wikipedia.org/wiki/Mens_rea

http://en.wikipedia.org/wiki/M%27Naghten_Rules

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Anonymous Coward

Irony

How ironic that he's arguing that he's incapable of knowing right from wrong and therefore should not be extradited, yet he's happy to sign a "confession" and has suffered a setback because CPS won't prosecute him in England.

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Silver badge

Gary is not a criminal

McKinnon (allegedly) committed a minor offense (as defined by the law when the facts took place). That's for sure. On the other hand, if locking him up for life in Gitmo can keep my ears safe from his songs, I hope he is deported.

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