Is it murder or man slaughter

[motorbiking]

Not referring to this case, just making the wider point. Depends what the defence and/or experts put forward as mitigating circumstances. e.g. you could have a wife who's endured years of abuse at the hands of her husband and she snaps one day when he's beating her up, stabbing him multiple times in a fit of rage, killing him. Although she did the act, part of the defence would be it wasn't premeditated and her actions were the result of years of abuse, all coming out in those few seconds of rage, with no preplanned thought or intent of killing her husband.

I'll say again, I'm not referring to this case, just making the wider point.

yep : loss of control.

 

[noseall]

Manslaughter isn’t really a “halfway house” in the way people sometimes think. In UK law the difference usually comes down to intent and circumstances, not simply whether someone died.

With murder, the prosecution has to prove there was intent to kill or cause really serious harm.

Manslaughter covers situations where someone unlawfully caused a death but the legal test for murder isn’t fully met — for example loss of control, diminished responsibility, excessive self-defence, or situations where intent is less clear.

That’s why you sometimes see someone deny murder but admit manslaughter, or vice versa. A stabbing can still legally end up as manslaughter depending on what the jury believes was happening at the time.

Good post.

 

[blup]

One punch in 99% of cases doesn't kill.
When it does, usually (but not always) the test for murder is not met, i.e. intent to kill.

Punching someone hard in the head is likely to cause serious injury

 

[MNW67]

Punching someone hard in the head is likely to cause serious injury

CPS guidelines below for context. For murder you need to intend at least GBH level of harm:

'Examples where the injury is most likely to amount to ABH as it is more than transient or trifling include (this not an exhaustive list):

• damaged teeth or bones
• extensive or severe bruising
• cuts requiring suturing
• loss of consciousness

Examples where the injury is most likely to amount to GBH or more include (this not an exhaustive list):

• life changing injuries
• significant or sustained medical treatment is required (for instance, intensive care or a blood transfusion) even if full or relatively full recovery follows. '

 

[mitch66]

Punching someone hard in the head is likely to cause serious injury

TBH mate, for the average ruck, where the victims head lands is the decider.

 

[Dec27]

Manslaughter isn’t really a “halfway house” in the way people sometimes think. In UK law the difference usually comes down to intent and circumstances, not simply whether someone died.

With murder, the prosecution has to prove there was intent to kill or cause really serious harm.

Manslaughter covers situations where someone unlawfully caused a death but the legal test for murder isn’t fully met — for example loss of control, diminished responsibility, excessive self-defence, or situations where intent is less clear.

That’s why you sometimes see someone deny murder but admit manslaughter, or vice versa. A stabbing can still legally end up as manslaughter depending on what the jury believes was happening at the time.

I think carrying an eight inch knife shows intent.

 

[Highway Man]

I think carrying an eight inch knife shows intent.

and thrusting it into someone 5 times was no accident

 

[motorbiking]

Unless it’s for religious reasons.

 

[motorbiking]

TBH mate, for the average ruck, where the victims head lands is the decider.

Yep. Lots of people doing manslaughter due to an unlucky punch.

 

[ReganAndCarter]

Let him start with all the dodgy re form candidates who made it past vetting.

Even worse with Labour.

Ex-housing secretary Angela Rayner drawn into ‘election fraud’ row as arrests made - Property Industry Eye

Ex-housing secretary Angela Rayner drawn into ‘election fraud’ row as arrests made - Breaking news for estate agents and the residential property industry. Independent, unbiased, and factual reporting. A forum for discussion and debate of topics of the day. Subscribe for our free daily newsletter.

propertyindustryeye.com

 

[ReganAndCarter]

The "finest upstanding hardworking" who he latterly states he "barely knew, and never met" ones, you mean?

Ex-housing secretary Angela Rayner drawn into ‘election fraud’ row as arrests made - Property Industry Eye

Ex-housing secretary Angela Rayner drawn into ‘election fraud’ row as arrests made - Breaking news for estate agents and the residential property industry. Independent, unbiased, and factual reporting. A forum for discussion and debate of topics of the day. Subscribe for our free daily newsletter.

propertyindustryeye.com

 

[ReganAndCarter]

.

Himmy has really upped his game on the usernames.

 

[ReganAndCarter]

Good post.