Car park killer avoids jail term

[widgetdance]

I feel the law should look at it more from this prospective:

The defendant should be measured against what the public (represented by the Jury) would consider would be the outcome of any action.

If you kick someone in the head 3 times (substitute use knife/shotgun/chainsaw) do you think:
A. They will get up and walk away.
B. They will suffer severe trauma
C. They might die.

So a smack in the mouth might solicit lots of As, as may a street brawl. A severe kicking will illicit a range of Bs and Cs depending on the severity and shooting someone will bring all Cs.

If it is a general consensus then the judge should have no choice.

[TonyEnglish]

"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?"

Yes you did! If not murder, then definately manslaughter.

I did a module on law as part of my degree and they specifically stated that if you punch somebody and they die as a result of some undiagnosed condition, you cannot use your ignorance of that condition as your defense. Their example was somebody having a weak point in their skull and their head hitting the floor after the punch is thrown. To me, this case is an open and shut, manslaughter at the very least, bang em up case.

I really cannot see how anybody can defend a woman who beats up somebody who is 2 years off from being a pensioner. Do you think the judge would be so understanding if both parties were a few years older and the dead woman was actually a pensioner.

[NumptyCorner]

Three kids from my school killed a fellow pupil in similar style, started out as a school fight and ended in his death, he too had a weak heart. They too kicked the victim when he was on the ground (there were 3 of them). IIRC the ring leader got 18 months in a young offenders and the others got as little as 3 months suspended and this was in the supposedly tough on crime 1980s. I remember the ring leader was apart form that incident a fairly normal kid, not remarkable in any way or a trouble maker, but when he came out he was a real nasty calculating piece of work well prepared for a life of crime!

[snaw]

I I really cannot see how anybody can defend a woman who beats up somebody who is 2 years off from being a pensioner.

I'm not defending her - if that's the law in Scotland then she should have been charged with the appropriate offence and given an appropriate sentence.

[snaw]

Can someone correct me if I'm wrong, but Culpable Homocide in Scotland is pretty much the Scottish version of manslaughter in England?

[ScotsPine]

i believe

so

[snaw]

Re: i believe

Well we've been talking like it's a choice between murder, manslaughter and culpable homocide - wheras as it's a straight choice between Murder and Culpable homocide (ie. manslaughter in England). If so it seems to me like it's not murder so she was charged with an appropriate crime.

The judge has obviously gone a bit soft on her by not giving her a custodial sentence, which get's back to my original thing - I don't know enough about her, or her history or her personal circumstances and the facts of the case to say if this is fair or not - but we have judges to dish out sentences for us who in thoery do.

[WageSlave1]

Re: i believe

I did a module on law as part of my degree and they specifically stated that if you punch somebody and they die as a result of some undiagnosed condition, you cannot use your ignorance of that condition as your defense.

Unfortunately the judge in this case didn't know that.

[mailmannz]

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

Snaw, if she didnt mean to kill her then the charges should have gone from murder to mere man (or old woman) slaughter.

Either way its an absolute travesty this person didnt get locked up for a couple years! And here we have another perfect example that when governments in this country talk about getting tough on crime they are talking through their arses :rollin

Mailman

[snaw]

Unfortunately the judge in this case didn't know that.

Snaw, if she didnt mean to kill her then the charges should have gone from murder to mere man (or old woman) slaughter.

There is no manslaughter in Scotland, it's called culpable homocide.

The sentence is decided on by the judge, as soon as you take that power from them (IE introducing mandatory sentences) you get to a dangerous place.

And judges are political appointees Mailmanz so this sentence would have been the same under a tory, liberal or labour government.