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80-450: On 17 August 2007, Kenji Kawagishi ( 川岸 健治 , Kawagishi Kenji ) , an unemployed forty-year-old man living in a van , posted a message to seek partners in crime on a cell phone website used for exchanging shady information. His message, implying robbery , was read and answered by Tsukasa Kanda ( 神田 司 , Kanda Tsukasa ) , Yoshitomo Hori ( 堀 慶末 , Hori Yoshitomo ) and Yūichirō Hondō ( 本堂 裕一朗 , Hondō Yūichirō ) . Kanda

160-568: A corpse by 5 October 2007. Kawagishi was additionally charged with attempted rape at the scene of robbery. Capital punishment is a legal penalty for murder in Japan, but the general sentencing guideline means that death sentences are not usually passed for a single murder. Fumiko Isogai, whose only child was killed in this crime, launched a campaign to call for the death penalty for the three murderers in September 2007. Within ten days, her petition

240-476: A refrigerated van, or "reefer", used for cold goods. A railway car used to carry baggage is also called a "van". A vehicle referred to in the US as a " full-size van " is usually a large, boxy vehicle that has a platform and powertrain similar to their light truck counterparts. These vans may be sold with the space behind the front seats empty for transporting goods (cargo van), furnished for passenger use by either

320-515: A " minivan " in American English is called a "people-carrier", "MPV" or multi-purpose vehicle, and larger passenger vehicles are called " minibuses ". The Telegraph newspaper introduced the idea of the " White Van Man ", a typical working class man or small business owner who would have a white Ford Transit , Mercedes-Benz Sprinter , or similar panel van. Today the phrase "man and van" refers to light removal firms normally operated by

400-501: A cargo box trailer or semi-trailer is used rarely, if ever, in Australia. In India, the van is one of the most common modes of transportation and is often used for taking children to and from schools, usually when parents, especially working parents, are too busy to pick their children up from school or when school buses are full and unable to accommodate other children. Vans are also used for commercial purposes and office cabs. Some of

480-472: A claim of false imprisonment since false imprisonment requires an intentional act. The law may privilege a person to detain somebody else against their will. A legally authorised detention does not constitute false imprisonment. For example, if a parent or legal guardian of a child denies the child's request to leave their house, and prevents them from doing so, this would not ordinarily constitute false imprisonment. Under United States law , police officers have

560-482: A claimant accedes to authority that does not necessarily mean they consent to being detained, as in Warner v Riddiford (1858). 'Imprisonment is, as I apprehend, a total restraint of the liberty of the person, for however, short a time, and not a partial obstruction of his will, whatever inconvenience it may bring on him.' There must be complete restraint, therefore, if there are alternative routes that can be taken this

640-431: A contract. Moreover, the defence of illegality may also apply. If the victim was acting illegally, locking them in a room to protect oneself whilst calling the police is a legitimate defence. However, if the use of force or in this case imprisonment was unreasonable, this would not be a viable defence, as is shown in the case of Revil v Newbery where a homeowner fired a shotgun to the burglar and ended up injuring him, this

720-569: A convoy of multiple wagons. The word van has slightly different, but overlapping, meanings in different forms of English . While the word now applies everywhere to boxy cargo vans, other applications are found to a greater or lesser extent in different English-speaking countries; some examples follow: In Australian English , the term van is commonly used to describe a minivan , a passenger minibus , or an Australian panel van as manufactured by companies such as Holden and Ford at various times. A full-size van used for commercial purposes

800-416: A criminal surrenders before being identified as a suspect by the authorities. Finding the victim's body abandoned as he described, the police arrested Kawagishi and his crime partners on 26 August. Fumiko Isogai, the victim's mother and only family member, identified the body on the same day of their arrest. The three were charged with murder for robbery, kidnapping for profit, confinement and abandonment of

880-508: A dark street in the Jiyūgaoka neighborhood of Chikusa , Nagoya around 10:00 p.m. Hori got out of the van and approached her, pretending to be asking for directions, and forced her into the van. Kanda and Hori put handcuffs on Isogai, threatened her with knives, and demanded her money and ATM cards while Kawagishi drove his van to a lonely parking lot in Aisai , a suburban city of Nagoya. At

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960-503: A hammer approximately thirty times, while Hori and Kawagishi choked her with a rope. After killing her, the three men dumped the victim's body in a forest in Mizunami , Gifu Prefecture at around 4:00 a.m., and tried to withdraw money from her bank account at an ATM in a convenience store , only to find that she had told them the wrong PIN. Disappointed after failing to withdraw money, they shared 62,000 yen which they had found in

1040-408: A person is allowed to use reasonable force to detain a suspected shoplifter on store property for a reasonable period of time. The shopkeeper has cause to believe that the detainee in fact committed, or attempted to commit, theft of store property. The shopkeeper is allowed to ask the suspect to demonstrate that they have not been shoplifting . The purpose of the shopkeeper's privilege is to discover if

1120-443: A person is what matters and not necessarily an intention to falsely imprison someone. For example, in R v Governor of Brockhill Prison, ex p Evans , it did not matter if the decision to imprison the claimant was in good faith, or considered lawful, it still constituted false imprisonment. False imprisonment does not require a literal prison, but a restriction of the claimant's freedom of movement ( complete restraint ). According to

1200-511: A prisoner is lawfully held, it is not false imprisonment just because the conditions are unsanitary such as in the case of R v Deputy Governor of Parkhurst Prison , 'although this may instead be found to be negligence or the tort of misfeasance in a public office.' Another example would again be the case of Austin v Commissioner of Police of the Metropolis [2007], a case concerning the alleged unlawful detention of hundreds of members of

1280-454: A reasonable route of escape/reasonable action you will not be awarded damages. It is still false imprisonment even where the claimant does not know at the time. So secretly locking someone in a room is false imprisonment. It may also be false imprisonment where a person is rendered unconscious, for example, by being punched (also a battery), or when their drink is spiked by drugs (also wilful harm or negligence), because their freedom of movement

1360-409: A shopkeeper would be faced with the dilemma of either allowing suspects to leave without challenge or acting upon their suspicion and risk making a false arrest . In order for a customer to be detained, the shopkeeper must: In Enright v. Groves , a woman sued a police officer for false imprisonment after being arrested for not producing her driver's license . The plaintiff was in her car when she

1440-452: A similar layout and could accommodate a V8 engine . Chevrolet also switched to this layout. The Ford, Dodge, and Corvair vans were also produced as pickup trucks. The standard or full size vans appeared with Ford's innovation of moving the engine forward under a short hood and using pickup truck components. The engine cockpit housing is often called a dog house . Over time, they evolved longer noses and sleeker shapes. The Dodge Sportsman

1520-465: A sole business owner transporting anything from the contents of a whole house to just a few boxes. The word "van" also refers to railway covered goods wagons , called "boxcars" in the United States. In the United States, a van can also refer to a box-shaped trailer or semi-trailer used to carry goods. In this case, there is a differentiation between a "dry van", used to carry most goods, and

1600-463: A type of vehicle arose as a contraction of the word caravan . The earliest records of a van as a vehicle in English are in the mid-19th century meaning a covered wagon for transporting goods; the earliest reported record of such was in 1829. The words caravan with the same meaning has been used since the 1670s. A caravan, meaning one wagon, had arisen as an extension, or corruption, of a caravan meaning

1680-588: A warrant, police may make an arrest pursuant to the Police and Criminal Evidence Act 1984: 'anyone who is about to commit, is committing or has committed an offence or is so suspected on reasonable grounds may be arrested.' Also, arrest may be lawful if the police have reason to believe that the person arrested poses an imminent risk of harm to themselves or others. Private citizens can also make an arrest for crimes being committed/that have been committed but only in relation to indictable offences ('citizen's arrest'). When

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1760-454: A wealthy pachinko player whom he knew, and the other three agreed. They tried in vain to rob him later that same day. On the night of 23 August, Kawagishi and Hondō broke into a plumber's office in Nagakute , where Kawagishi ran away in fright, leaving Hondō behind. With too little money to go home, Hondō surrendered to the police and was arrested for trespassing and attempted theft . On

1840-521: Is also known as a "van" in Australia; however, a passenger vehicle with more than seven or eight seats is more likely to be called a "minibus". The term van can also sometimes be used interchangeably with what Australians usually call a "caravan", which in the U.S. is referred to as a " travel trailer ". The British term people mover is also used in Australian English to describe a passenger van. The American usage of "van" which describes

1920-474: Is also used to describe full-fledged station wagons (passenger car front sheet metal, flat-folding back seats, windows all around) and even hatchbacks with basic trim packages intended for commercial use. These are referred to as "light vans" ( Japanese : ライトバン ), with "light" referring to the glazing rather than the weight of the vehicle. In British English , the word van refers to vehicles that carry goods only, either on roads or on rails. What would be called

2000-560: Is also useful in handling and rollover prevention. A van is taller than a typical passenger car, resulting in a higher center of gravity . The suspension is also higher to accommodate the weight of 15 passengers, who can weigh over one ton alone. In the United States, it is common for only the front seat passengers to use their safety belts . The U.S. National Highway Traffic Safety Administration (NHTSA) has determined that belted passengers are about four times more likely to survive in rollover crashes. Safety can be improved by understanding

2080-417: Is dangerous and thus, they have no reason to let you leave, moreover, you are contractually obligated to remain onboard. Therefore, this would not constitute false imprisonment. Additionally, when a claimant is following a work contract the employer may not be held for false imprisonment for not allowing them to leave early due to a breach of contract and potential losses that could result from them leaving. In

2160-615: Is not false imprisonment. Such as in Bird v Jones [1845] where the claimant wanted to walk over Hammersmith bridge but the defendant had cordoned off the public footpath, however, this did not constitute false imprisonment because, through using a longer route, the claimant could have still reached their destination. Therefore, if there is a means of escape, this is not false imprisonment. There must be no reasonable means of escape and you may be compensated for any damages caused in order for you to escape reasonably. However, if you have not taken

2240-399: Is not unlawful to refuse to open a train door when the train is on a bridge, even though the passenger is thereby restricted inside the train. Likewise, a master of a ship, or the pilot of a plane can detain people during a voyage or flight when they have a reasonable cause or grounds to believe it necessary for the safety of their other passengers. Suddenly saying "I would like to leave now"

2320-418: Is thereby restricted. For example, in the case of Meering v Grahame-White Aviation [1918] the claimant was told to stay in an office because property was going missing and if they tried to leave the office they would have been stopped. This was held to be a false imprisonment even though the claimant did not know they were being imprisoned. Can the tort of false imprisonment be committed by omission? In

2400-505: The Termes de la Ley , 'imprisonment is the restraint of a man's liberty, whether it be in the open field, or in the stocks, or in the cage in the streets or in a man's own house, as well as in the common gaole'. Imprisonment does not have to involve seizure of the claimant; touching and informing him that he is under arrest are sufficient. Tagging and an imposed curfew can be false imprisonment. The restriction must also be total, meaning that

2480-472: The lay judge system , which was started in May 2009. Hiroshi Itakura , a criminal law scholar at Nihon University said that this decision could be a new criterion for capital punishment under the lay judge system. Four hours after he received the death penalty, Hori told journalists that he felt the words "capital punishment" were "heavy", though he had been prepared for it. Kawagishi said, "I'm glad my surrender

Murder of Rie Isogai - Misplaced Pages Continue

2560-474: The sedan deliveries of the 1930s to late-1950s. The first generation of American vans were the 1960s compact vans , which were patterned in size after the Volkswagen Bus . The Corvair -based entry even imitated the rear-mounted, air-cooled engine design. The Ford Falcon -based first-generation Econoline had a flat nose, with the engine mounted between and behind the front seats. The Dodge A100 had

2640-594: The Supreme Public Prosecutors' Office, expected that the recent trend toward stricter punishments, backed by the growing public support for capital punishment, would encourage the court to sentence Kanda and Hori to death. Kawagishi's and Kanda's fathers also asked the court to sentence their sons to death. The trial started at the District Court of Nagoya on 25 September 2008. All the defendants admitted to robbing and murdering Rie Isogai at

2720-448: The US may also refer to a minivan . Minivans are usually distinguished by their smaller size and front wheel drive powertrain, although some are equipped with four-wheel drive . Minivans typically offer seven- or eight-passenger seating capacity , and better fuel economy than full-sized vans, at the expense of power, cargo space, and towing capacity. Minivans are often equipped with sliding doors. The precursor to American vans would be

2800-1043: The United States, full-size vans have been used as commuter vans since 1971, when Dodge introduced a van that could transport up to 15 passengers. Commuter vans are used as an alternative to carpooling and other ride-sharing arrangements. Many mobile businesses use a van to carry almost their entire business to various places where they work. For example, those who come to homes or places of business to perform various services, installations, or repairs. Vans are also used to shuttle people and their luggage between hotels and airports , to transport commuters between parking lots and their places of work, and along established routes as minibusses. Vans are also used to transport elderly and mobility-impaired worshipers to and from church services or to transport youth groups for outings to amusement parks, picnics, and visiting other churches. Vans are also used by schools to drive sports teams to intramural games. Vans have been used by touring music groups to haul equipment and people to music venues around

2880-520: The afternoon of 24 August, Kawagishi, Kanda and Hori met to draft another plot at the parking lot of a video rental shop in Midori , Nagoya . Kanda suggested that they kidnap and rob a woman walking on a street and kill her to prevent their robbery from being detected. Hori and Kawagishi agreed to his proposal. Inside Kawagishi's van, the three men searched for a woman walking alone beginning around 7:00 p.m. until they saw Rie Isogai walking home on

2960-422: The applicant was injured through trying to escape using reasonable methods they may be entitled to compensatory damages . When law enforcement authorities violate the fundamental rights enshrined in the constitution by detaining people without sufficient reason or disregarding due process, then it undermines the country's judicial system. Such actions violate individuals' rights while gravely damaging public trust in

3040-475: The case of R v Governor of Brockhill Prison, ex p Evans , where the claimant should be released from prison and they weren't, due to a genuine mistake meaning they were held in prison for longer, this was still held to be false imprisonment. This can be looked at as consent, therefore, the imprisonment is not unlawful nor false imprisonment, for example, when flying, you consent to be on the plane for that duration of time through contract. The courts have said it

3120-480: The case of Herd v Weardale Steel Coal where the claimant was in a mine, they were working and they wanted to leave the mine. The employer refused to let them leave at that time and the court held that the employer was under no obligation to allow them to do so. Under English law , police have the right to arrest under a warrant issued by a magistrate, and following conditions set out in PACE Code G. Or without

3200-530: The claimant is restricted to an area delimited by the defendant. The larger the area, the less likely the claimant will be deemed to be imprisoned. For example, confining a person to a house would constitute the tort of false imprisonment. However, confining someone to the land mass of the USA would not. Therefore, false imprisonment is not just about locking someone within a room, the following examples have all been found to constitute false imprisonment: Finally, where

3280-446: The claimant's freedom of movement totally. During which there is no time limit, false imprisonment could occur for seconds and still be false imprisonment. Any restraint of the liberty of a free man will be an imprisonment. An example of reckless imprisonment may be a janitor locking up a school for the night, knowing that someone might still be inside, but without bothering to check. Whereas, regarding intention, intention to imprison

Murder of Rie Isogai - Misplaced Pages Continue

3360-594: The country. Full-size van is a marketing term used in North America for a van larger than a minivan, that is characterized by a large, boxy appearance, a short hood, and heavy cargo and passenger-hauling capability. The first full-size van was the 1969 Ford Econoline , which used components from the Ford F-Series pickups . General Motors and the Dodge Ram Van followed with designs with

3440-411: The court." After a motion by Prosecutor Gilbert, Special Judge Steve Fleece ordered Hoffman released and said Hoffman's incarceration was "a big screw up". In a Louisiana case in the United States, a pharmacist and his pharmacy were found liable by a trial court for false imprisonment. They stalled for time and instructed a patient to wait while simultaneously and without the patient's knowledge calling

3520-427: The crime was carried out in an atmosphere that disabled the bluffing men from saying no to each other, whatever atrocious act might be proposed, and because Isogai's death was accidental and could not be said to be so vicious as to result in capital punishment, given the sentences handed down in similar cases in the past. The defendants disputed over who among them was the principal culprit and when they agreed to kill

3600-462: The criminal justice process. Finally, if the claimant suffered an 'affront to their dignity', they may be awarded aggravated damages (these are very rare). For example, in the case of Hook v Cunard Steamship Co Ltd the sailor was confined to his quarters and accused of child molestation but with 'no vestige of grounds in support', this was held to be false imprisonment and aggravated damages were available due to this causing humiliation and injury to

3680-413: The defendants in the closing argument on 20 January 2009. They insisted that the court sentence Kawagishi to death despite his voluntary surrender because he was unrepentant and the police would have been able to arrest the three without his surrender. On 18 March 2009, the district court found the defendants guilty of all the charges. It sentenced Kanda and Hori to death. Judge Hiroko Kondō determined in

3760-562: The district court's decision for Kawagishi on 27 March 2009. On 13 April 2011 the Nagoya High Court affirmed Kawagishi's life sentence and reduced Hori's death sentence to life, ruling that they were both less responsible than Kanda. The prosecution appealed the ruling to the Supreme Court, which affirmed the two life sentences, but Hori was later sentenced to death for having killed a married couple in 1998. Tsukasa Kanda

3840-571: The dog leash violation. In a Clark County, Indiana Circuit Court case, Destiny Hoffman was jailed for 154 days, during which "no hearing was conducted to determine the validity of such sanction and the defendant was not represented by counsel" according to deputy county prosecutor Michaelia Gilbert. An order by Judge Jerry Jacobi in the Clark County Circuit Court case was supposed to be a 48-hour jail stay for Hoffman, pending drug evaluation and treatment, "until further order of

3920-507: The door open. Step vans have more boxy shapes, wider bodies, and higher rooftops than other vans, and are rarely employed for carrying passengers. The Minivan is a van which is smaller in size in length and height than a full-size van. Minivans are often used for personal use, as well as commercial passenger operations such as taxis and shuttles, and cargo operations like delivery of mail and packages. They offer more cargo space than traditional sedans and SUVs . Their lower center of gravity

4000-515: The driver to pass through to the cargo compartment of the vehicle. False imprisonment False imprisonment or unlawful imprisonment occurs when a person intentionally restricts another person's movement within any area without legal authority , justification, or the restrained person's permission. Actual physical restraint is not necessary for false imprisonment to occur. A false imprisonment claim may be made based upon private acts, or upon wrongful governmental detention. For detention by

4080-532: The engines placed further forward, and succeeding generations of the Econoline introduced longer hoods. Another type of van specific to North America is the step van , named because of the design to facilitate users to step in and out of the vehicle. Widely used by delivery services, courier companies, and the parcel division of the US Postal Service and Canada Post, they are often seen driven with

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4160-456: The first session. They agreed that the brutality escalated as they tried to call each other's earlier boasts. Kanda told Kawagishi at their first meeting that he had committed homicide twice, and Hori wrote in an email to Kawagishi that he had just been released from prison, both of which turned out to be lies each of them told to make himself look bigger than the others. The defense attorneys argued that they should not be punished by death because

4240-663: The front seats, where the rest of the van body is cut off (leading to the terminology "cutaway"). From that point aft, only the chassis frame rails and running gear extend to the rear when the unit is shipped as an "incomplete vehicle". A second-stage manufacturer, commonly known as a bodybuilder, will complete the vehicle for uses such as recreational vehicles , small school buses , minibusses, type III ambulances , and delivery trucks. A large proportion of cutaway van chassis are equipped with dual rear wheels. Second-stage manufacturers sometimes add third weight-bearing single wheel "tag axles" for their larger minibus models. The term van in

4320-456: The judgment, because it believed the elements of false imprisonment were not met. This tort again falls under the umbrella term "trespass to the person" alongside "battery and assault". The definition of false imprisonment under UK law and legislation is the "Unlawful imposition or constraint of another's freedom of movement from a particular place." False imprisonment is where the defendant intentionally or recklessly, and unlawfully, restricts

4400-422: The majority of circumstances/generally, the answer is no, as there must be a positive act. Yet, in certain circumstances defendants may still be found liable if they are under a positive obligation to release the claimant and the claimant has the legal right to be released. In the case of Prison Officer's Association v Iqbal where a defendant could not leave their cell due to the prison officers being on strike, it

4480-399: The manufacturer (wagon), or another company for more personal comforts ( conversion van ). Full-size vans often have short hoods, with the engine placed under the passenger cabin. A cutaway van chassis is a variation of the full-size van that was developed for use by second stage manufacturers . Such a unit has a van front end and driver controls in a cab body that extends to a point behind

4560-541: The parking lot, Hori pulled a knife on Isogai and extracted her PIN for ATM cards. Just after midnight, Kawagishi tried to rape Isogai, though he failed in his attempt because Kanda and Hori stopped him. His sudden attempt to rape her frightened Isogai so much that she tried to get out of the van, which made the three decide to kill her immediately. Despite her desperate pleas for her life, at about 1:00 a.m., Kanda wrapped packing tape around her head to smother her and, seeing her still alive, bludgeoned her head with

4640-468: The police with useful information that led to the arrest of Kanda and Hori. Major national newspapers published editorials in support of Kondō's unorthodox judgment on the premise that capital punishment should be retained. The Asahi Shimbun and the Mainichi Shimbun claimed in their editorials that most people would be supportive of this judgment. The Nikkei commented that the judgment

4720-532: The police, proof of false imprisonment provides a basis to obtain a writ of habeas corpus . Under common law , false imprisonment is both a crime and a tort . Within the context of false imprisonment, an imprisonment occurs when a person is restrained from moving from a location or bounded area, as a result of a wrongful intentional act, such as the use of force, threat, coercion, or abuse of authority . Not all acts of involuntary detention amount to false imprisonment. An accidental detention will not support

4800-429: The police. The pharmacist was suspicious of the patient's prescription, which her doctor had called in previously. When the police arrived, they arrested the patient. While the patient was in jail, the police verified with her doctor that the prescription was authentic and that it was meant for her. After this incident, the patient sued the pharmacy and its employees. She received $ 20,000 damages. An appeals court reversed

4880-758: The popular vans include Maruti Suzuki Omni and the Maruti Suzuki Eeco . Early Japanese vans include the Kurogane Baby , Mazda Bongo , and the Toyota LiteAce . The Japanese also produced many vans based on the American flat nose model, but also minivans which for the American market have generally evolved to the long-wheelbase front-wheel drive form. The Nissan Prairie and Mitsubishi Chariot as well as microvans that fulfill kei car regulations, are popular for small businesses. The term

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4960-682: The public during the May Day riots of 2001 in London, England. The police, using the tactic of " kettling ", held a large crowd in Oxford Circus without allowing anyone to leave. Lois Austin, a peaceful protester who had not broken the law, and Geoffrey Saxby, an innocent passer-by who was not involved in the demonstration, claimed that they were falsely imprisoned by the London Metropolitan Police and that their detention

5040-489: The right to detain individuals based on probable cause that a crime has been committed and the individual was involved, or based on reasonable suspicion that the individual has been, is, or is about to be engaged in a criminal activity. To prevail under a false imprisonment claim, a plaintiff must prove: Many jurisdictions in the United States recognize the common law known as shopkeeper's privilege under which

5120-428: The ruling that Kanda had played a leading role in the murder. She said that their motives for the crime left no room for leniency and that capital punishment was the only option, even after considering that there was only one victim, because their criminal acts were extremely merciless and heinous and deemed to be a serious threat to society. Kawagishi received a life sentence because the court judged that he had provided

5200-423: The suspect is shoplifting and, if so, whether the shoplifted item can be reclaimed. The shopkeeper's privilege is not as broad as police officer's privilege to arrest. The shopkeeper may only detain the suspect for a comparatively short period of time. If a shopkeeper unreasonably detains the suspect, uses excessive force to detain the suspect, or fails to notify the police within a reasonable time after detaining

5280-400: The suspect, then the detention may constitute false imprisonment and may result in an award of damages . In jurisdictions without the privilege, detention must meet the jurisdiction's standards for a citizen's arrest . This privilege has been justified by the very practical need for some degree of protection for shopkeepers in their dealings with suspected shoplifters. Absent such privilege,

5360-472: The unique characteristics of 12- and 15-passenger vans and by following guidelines developed for their drivers, according to the U.S. National Highway Traffic Safety Administration (NHTSA). Many commercial vans are fitted with cargo barriers behind the front seats (or rear seats, if fitted) to prevent injuries caused by unsecured cargo in the event of sudden deceleration, collision, or a rollover. Cargo barriers in vans are sometimes fitted with doors permitting

5440-564: The victim on the head with a hammer before Kanda did, was the principal. During trial sessions, the defendants often got into quarrels with each other. Kanda made fun of Rie Isogai and called her a liar in his blog , which he started in order to reveal what he claims to be the true story of this case. Kawagishi said that the victim was just unlucky. Seeing the defendants far from apologetic, Fumiko Isogai said that their words were unbearable and added, "It might be better than superficial apologies". The prosecutors demanded capital punishment for all

5520-413: The victim's handbag, and parted, promising that they would rob and kill women at random near Nagoya Station in the evening that day. On 25 August 2007, Kawagishi telephoned the police to confess to the crime around 13:00. As for the reason he surrendered to the police, he explained that he was scared of receiving capital punishment. The Japanese penal code provides that punishment shall be extenuated if

5600-564: The victim. Kawagishi insisted that Kanda was the principal and that he had not known the plan to kill the woman until he saw the other two begin to smother her. Hori also claimed that Kanda led the crime and that he had not thought of murdering the victim until Kanda suggested choking her at the last minute. Kanda said that they had achieved a consensus on murder before they began to search for a woman to rob of money but that it had not been serious until Kawagishi's attempt to rape her made Isogai change her attitude, claiming that Hori, who allegedly hit

5680-463: Was a 36-year-old Asahi Shimbun salesman from Takasaki , Gunma Prefecture . Hori was an unemployed 32-year-old darts player who was under a heavy debt amounting to four million yen . Hondō was an unemployed 29-year-old man who had difficulty paying his rent. All of them were desperate for cash. After exchanging several emails, the four men met face-to-face on 21 August to discuss how they would be able to get money with ease. Hori suggested robbing

5760-411: Was approached by the officer for not leashing her dog; she was arrested after being asked to produce her driver's license and failing to do so. She won her claim, despite having lost the case of not leashing her dog. The court reasoned that the officer did not have proper legal authority in arresting her, because he arrested her for not producing her driver's license (which itself was legal) as opposed to

5840-413: Was available with an extension to the rear of its long-wheelbase model to create a 15-passenger van. Vehicles have been sold as both cargo and passenger models, as well as in cutaway van chassis versions for second stage manufacturers to make box vans, ambulances, campers, and other vehicles. Second-stage manufacturers also modify the original manufacturer's body to create custom vans. In urban areas of

5920-497: Was counted and I didn't get a death sentence." The victim's mother and the victim's boyfriend expressed their disappointment at the judgment which spared Kawagishi's life. The three defendants also appealed to the High Court of Nagoya to have their sentences reduced. However, Kanda withdrew his own appeal without his attorney's consent to have his death sentence finalized on 13 April 2009. The prosecutors lodged an appeal against

6000-927: Was executed by hanging at the Nagoya Detention House on 25 June 2015. Van A van is a type of road vehicle used for transporting goods or people. There is some variation in the scope of the word across the different English-speaking countries. The smallest vans, microvans , are used for transporting either goods or people in tiny quantities. Mini MPVs , compact MPVs , and MPVs are all small vans usually used for transporting people in small quantities. Larger vans with passenger seats are used for institutional purposes, such as transporting students. Larger vans with only front seats are often used for business purposes, to carry goods and equipment. Specially equipped vans are used by television stations as mobile studios. Postal services and courier companies use large step vans to deliver packages. Van meaning

6080-444: Was held at [61] that: 'It seems to me that the general rule that an omission or refusal to release the claimant from confinement will not amount to false imprisonment should not be overridden save in circumstances where the claimant has a legal right to be released and the defendant is under a positive obligation to release the claimant.' Thus, the defendants were liable for omission under the tort of false imprisonment. Moreover, in

6160-434: Was held to be an unreasonable use of force and thus, the defence of illegality was void. If the false imprisonment was for a minimal amount of time, the claimant could be entitled to nominal damages , as this tort is actionable per se . In Walker v Commissioner of the Police of the Metropolis [2014] where someone was stopped in a doorway for a couple of seconds this was still held to be false imprisonment. Additionally, if

6240-646: Was in breach of the European Convention of Human Rights . The pair lost their court action in 2005, when the High Court ruled that the police had not acted unlawfully. An appeal against the ruling also failed in 2007. A ruling by the House of Lords declared that 'even in the case of an absolute right, the High Court was entitled to take the "purpose" of the deprivation of liberty into account before deciding if human rights law applied at all.' Defences for false imprisonment include consent and performance of

6320-463: Was reasonable. The Sankei Shimbun aggressively evaluated the judgment as "a natural and down-to-earth judgment of great significance". The Tokyo Shimbun expressed the view that capital punishment was inevitable when they thought how brutal the murder was and what the victim's family felt of it. They also noted, however, that it would be difficult for citizen judges to determine whether the death penalty would be appropriate in this kind of case under

6400-492: Was signed by 100,000 citizens. She presented her petition for the death penalty with some 150,000 signatures to the District Public Prosecutors' Office of Nagoya on 23 October 2007. About 318,000 citizens had signed her petition by December 2008. Although single murderers rarely face a death sentence in Japan , Takeshi Tsuchimoto , a criminal law scholar at Hakuoh University and former prosecutor of

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