Until recently, any killing, even accidental, that occurred during the course of or as a direct result of a felony was automatically classed in common law as murder.
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Someone I know (who qualified as a barrister) likes to quote the phrase "you must take your victim as you find him" which I gather means that if someone has a glass jaw and dies from a single punch that wouldn't have harmed someone else, that's the puncher's bad luck; he is guilty of manslaughter.
It looks like the victim being susceptible doesn't affect whether or not you are guilty, but does affect the sentence you get.Comment
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Obviously I'm not an expert on the law, so I can't say what or what not this is - but in my mind this, horrible as it is, doesn't strike me as being murder in the sense I understand it.
She's commited a horrendous act, which apparently is completely out of character (Resorting to violence), which she has shown genuine remorse for, if the judge is correct. I would say she should get some sort of custodial sentence personally. But I wouldn't say she commited murder from what I've read so far.Comment
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Kicking someone three times on the ground is likely to result in serious injury, any victim over about 50 is likely to be at a good risk of death from such treatment - that seems to be common sense.
It was at least an intention to commit GBH which unfortunately resulted in death and probably counts as manslaughter at least.
Custodial sentence should have applied, lets hope the next person she has a little disagreement with in a car park is a judge!Comment
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She got manslaughter (The scottish version, culpable homocide). Different laws in Scotland.It was at least an intention to commit GBH which unfortunately resulted in death and probably counts as manslaughter at least.Comment
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Quite. This is not a case of two burly guys arguing over a pint and having a tussle. Repeatedly kicking someone in the head is not an accident; it's serious. When involved in a fight there are certain things you simply don't do because, even in a state of anger, you know that it could have very serious consequences, and kicking someone in the head is taboo. The woman clearly intended to cause her victim serious harm, otherwise she would have satisfied herself with some hair pulling and slapping.Whether or not the woman had a heart condition the assailant should be charged with murder. If she hadn't been attacked she wouldn't have died.
If, in a fight, you attempt to bottle someone, is it an excuse to claim you didn't intend to harm them? Of course not; it's another example of an action that you know will cause a serious injury.
My God, did Spod actually say that?There is simply no excuse for this kind of behaviour.
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Wage,When involved in a fight there are certain things you simply don't do because, even in a state of anger, you know that it could have very serious consequences, and kicking someone in the head is taboo.
When humans are faced with situations that make them excessively aggressive parts of their brain that deal with "reason" are switched off. This is a throw back to the days we were all monkeys (part of the flight or fight reaction and triggered when there is no way out).
Unfortunately even though society has moved on, and this woman had a way out of the confrontation, we are still essentially monkeys at heart
Regards
MailmanComment
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See Commentaries on the Laws of England, Vol 4, Chap 14, William Blackstone
And, if two or more come together to do an unlawful act against the king's peace, of which the probable consequence might be bloodshed; as to beat a man, to commit a riot, or to rob a park; and one of them kills a man; it is murder in them all, because of the unlawful act, the malitia praecogitata, or evil intended beforehand.Comment
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Some more than others!
Mailmannz, do you still get grazed knuckles?Comment
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Notice that laws of England bit?
It was in Scotland, we've got a different system up there. As far as I'm aware English law doesn't apply.Comment
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