Car park killer avoids jail term

**Lucifer Box** · 5 July 2005, 12:46

I think it might have been CarolB coming across that post office clerk again.

**NumptyCorner** · 5 July 2005, 12:51

Did they make a profit though?

**TonyEnglish** · 5 July 2005, 12:52

"During the attack, McMillan grabbed Mrs Whittle by the hair and kicked her three times on the head. "

She attached a woman approaching her 60's and repeatedley kicked her about the head.

The Judge said

"You were not to know that Mrs Whittle suffered from an undiagnosed heart condition which was destabilised by the physical and mental stress caused by your attack on her."

I was taught that ignorance was no defence. Does that mean, if you attack somebody with a heart condition then you can get away with it unless the person forewarns you of their heart condition?

**WageSlave1** · 5 July 2005, 12:55

During the attack, McMillan grabbed Mrs Whittle by the hair and kicked her three times on the head.

Lovely woman. And her partner is a real charmer too.

That is something that you will have to live with for the rest of your life.

Yes, I sure that's punishment enough for her actions.

However, the judge said she accepted that the behaviour displayed by McMillan was "entirely out of character".

Okay, I'm off to the local pub with my trusty chainsaw. Chopping people up is out of character for me, so I'm sure I'll be out in time for Christmas.

What a twisted, fecked up country this has become.

**snaw** · 5 July 2005, 13:02

Dunno - it's a tough one, did she mean to kill her? Obviously not, but it was still a serious assault.

Easy to condemn her - but I know plenty of people who are in all ways law abiding, but add a car into the equation and it's Jeckyll and Hyde time. From this report she hasn't done anythign wrong in the past, it's reflected in the sentence.

Same if you've ever thrown a punch, what if you had connected with someone with a heart problem and they keeled over, did you commit murder?

**WageSlave1** · 5 July 2005, 13:04

Snaw, there is a slight difference between punching some one once in a confrontation, and repeatedly kicking someone in the head.

Her sentence should have been manslaughter with some time behind bars.

**John Galt** · 5 July 2005, 13:07

admitted the culpable homicide

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Surely this alone would have been enough to warrant a custodial sentence??? Mind you, I suppose all the prisons are full up with traffic offenders:rolleyes

**ScotsPine** · 5 July 2005, 13:08

Easy to condemn her

yes, you're right, or at least, you ought to be right. clearly the judge didn't share your pov. even if the pensioner hadn't died, the severity of the assualt alone, coupled with the absence of provocation, should have been sufficient for a custodial sentence. and then, the pensioner died...

**snaw** · 5 July 2005, 13:08

To be honest I don't know enough about the legal technicalities of culpable homicide and manslaughter to say what it should have been. It just doesn't sound quite as straightforward as you describe from what I can see based on this report.

Car park killer avoids jail term