I think they should have charged him with attempted murder.
( , Thu 10 Aug 2017, 18:09, Share, Reply)
( , Thu 10 Aug 2017, 18:09, Share, Reply)
Well yes.
Mens rea would be tough/impossible to prove. If such a charge as attempted manslaughter existed (it does not, for perfectly logical reasons, the very idea is absurd in fact) that would sort of fit. I think in the USA something like reckless endangerment of life exists in some states. I just don't think GBH is adequate. It's a fudge. Her injuries I imagine only qualify for ABH.
( , Thu 10 Aug 2017, 18:47, Share, Reply)
Mens rea would be tough/impossible to prove. If such a charge as attempted manslaughter existed (it does not, for perfectly logical reasons, the very idea is absurd in fact) that would sort of fit. I think in the USA something like reckless endangerment of life exists in some states. I just don't think GBH is adequate. It's a fudge. Her injuries I imagine only qualify for ABH.
( , Thu 10 Aug 2017, 18:47, Share, Reply)
To be convicted of murder two things need to be proven beyond all reasonable doubt.
Actus rea. Easy. Is the victim dead and did an action of the defendant directly cause the death?
Mens rea. Harder. Did the defendant intend to kill them?
( , Thu 10 Aug 2017, 18:59, Share, Reply)
Actus rea. Easy. Is the victim dead and did an action of the defendant directly cause the death?
Mens rea. Harder. Did the defendant intend to kill them?
( , Thu 10 Aug 2017, 18:59, Share, Reply)
Anyway that's all irrelevant.
I forget what needs to be proven in a charge of attempted murder. Something along the lines of he tried to kill her is my best guess.
( , Thu 10 Aug 2017, 19:16, Share, Reply)
I forget what needs to be proven in a charge of attempted murder. Something along the lines of he tried to kill her is my best guess.
( , Thu 10 Aug 2017, 19:16, Share, Reply)
several nuances to the whole attempted murder thing...
Firstly, to go for murder, you have to show the intent to want to kill - usually with pre-planning. Secondly, for the 'attempt' there has to be an act 'more than merely preparatory' to show they were about to carry it out.
I think, in this case, a court would struggle with both aspects - he's just a fucking dick!
( , Fri 11 Aug 2017, 7:37, Share, Reply)
Firstly, to go for murder, you have to show the intent to want to kill - usually with pre-planning. Secondly, for the 'attempt' there has to be an act 'more than merely preparatory' to show they were about to carry it out.
I think, in this case, a court would struggle with both aspects - he's just a fucking dick!
( , Fri 11 Aug 2017, 7:37, Share, Reply)
Indeed
No GBH/ABH as he didn't really injure her, however he did endanger her life. Even if he did not intend to seriously injure her, he did intend to push her out of the way, and did so with no further regard to her safety. This is not what a reasonable person would do. Therefore I'd say reckless endangerment:
"acts that create a substantial risk of serious physical injury to another person. The accused person isn't required to intend the resulting or potential harm, but must have acted in a way that showed a disregard for the foreseeable consequences of the actions".
The guy's a cunt, by the way.
( , Thu 10 Aug 2017, 21:56, Share, Reply)
No GBH/ABH as he didn't really injure her, however he did endanger her life. Even if he did not intend to seriously injure her, he did intend to push her out of the way, and did so with no further regard to her safety. This is not what a reasonable person would do. Therefore I'd say reckless endangerment:
"acts that create a substantial risk of serious physical injury to another person. The accused person isn't required to intend the resulting or potential harm, but must have acted in a way that showed a disregard for the foreseeable consequences of the actions".
The guy's a cunt, by the way.
( , Thu 10 Aug 2017, 21:56, Share, Reply)
He didn't attempt to murder anyone
He's a massive antisocial dick though and should be given the max possible sentence for that.
Charging him with GBH is the most extreme they can do and might be a problem because she wasn't really harmed - If he's got a good lawyer they might have problems making this stick (although I hope not). It was not sustained assault, it was one strike. If you look up common assault, it's literally exactly what's happened here:
https://www.sentencingcouncil.org.uk/offences/item/common-assault/2-common-assault/
Don't get me wrong, I think anyone that jogs should be locked up for the safety of the community at large but attempted murder? Nope.
( , Fri 11 Aug 2017, 9:47, Share, Reply)
He's a massive antisocial dick though and should be given the max possible sentence for that.
Charging him with GBH is the most extreme they can do and might be a problem because she wasn't really harmed - If he's got a good lawyer they might have problems making this stick (although I hope not). It was not sustained assault, it was one strike. If you look up common assault, it's literally exactly what's happened here:
https://www.sentencingcouncil.org.uk/offences/item/common-assault/2-common-assault/
Don't get me wrong, I think anyone that jogs should be locked up for the safety of the community at large but attempted murder? Nope.
( , Fri 11 Aug 2017, 9:47, Share, Reply)