Wouldn't you then need to prove he intended to kill her?
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Draconacticus Reject shampoo. Demand real poo!, Thu 10 Aug 2017, 18:30,
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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.
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Prufrock Lucifer, son of the morning!, Thu 10 Aug 2017, 18:47,
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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?
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Prufrock Lucifer, son of the morning!, Thu 10 Aug 2017, 18:59,
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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.
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Prufrock Lucifer, son of the morning!, Thu 10 Aug 2017, 19:16,
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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!
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Another_tragic_case wished he hadn't eaten all the cake, Fri 11 Aug 2017, 7:37,
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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.
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Turquoise Hexagon Sun has just dropped acid on, Thu 10 Aug 2017, 21:56,
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