Handyman jailed for planting child porn on boss's computer

[Shimmyhill]

Prevention is exactly what imprisonment does, no other approach is as effective at preventing a person committing crime.

Are you are suggesting everyone should be in prison?

 

[Meridian]

Murder is a crime at common law and is committed when a person kills another without necessary cause and where there is either:

a) An intention to kill OR
b) a wilful act so reckless as to show utter disregard for the consequences.

Thanks, I know that: the question wasn't aimed at you.


M

 

[Energize]

And out of interest: what is your definition of murder? This is the classic:

Exactly that.

 

[Meridian]

And then you started to describe cases which fall outside that definition and called them murder?


M

 

[Energize]

No they were charged with murder.

 

[franco_22]

No they were charged with murder.

Omg, do you even know how to read?

They were charged with manslaughter which carries a much lighter sentence then murder, also, more discretion is available to judges when making a decision.

Not to mention, how young they are and the fact that it wasn't premeditated the judge was obviously looking to rehabilitate the girl who stabbed the boyfriend, hence why he put her in a young offenders institution.

The person you are so appaled that only got 4 years didn't even do anything besides refusing to call an ambulance.

 

[Richie]

No they were charged with murder.

One of them was originally charged with murder before it was reduced to MS. This is completely normal practice - The police initially charge with a "higher" crime and then the CPS reduce it to a more appropriate charge that they have a better chance of conviction with.

As I said, you may find that the CPS knew about mitigating factors rendering a charge of Murder unlikely to result in a conviction therefore they reduced the charge to manslaughter...

Also, its not uncommon for the accused to tender a NG plea for murder and a Guilty plea for manslaughter which the CPS accept as a kind of plea bargain

 

[Energize]

Omg, do you even know how to read?

They were charged with manslaughter which carries a much lighter sentence then murder, also, more discretion is available to judges when making a decision.

Obviously you don't.

Samantha had previously been charged with murder but it was reduced to manslaughter.

One of them was originally charged with murder before it was reduced to MS. This is completely normal practice - The police initially charge with a "higher" crime and then the CPS reduce it to a more appropriate charge that they have a better chance of conviction with.

Yes I realise that, but the fact that she was originally charged with murder shows that it met the criteria for murder.

 

[Meridian]

Obviously you don't.





Yes I realise that, but the fact that she was originally charged with murder shows that it met the criteria for murder.

No it doesn't: it's the court's job to decide if it meets the criteria, the police just charge with the biggest offence which vaguely fits the bill - as a couple of people have already pointed out. The police's job is to investigate, and any charges they bring are entirely preliminary. The CPS then bring much more formal charges, which go to the Crown Court. As stated by others, these may yet be changed or reduced in the light of further evidence, pleas, public interest etc.


M

 

[Energize]

If the CPS failed to bring the correct charge because they didn't think they could get a conviction it does not change the fact that the crime was murder, as the police using their common sense and experience in the field realised. I suppose that's the difference between the CPS, the defence and the police, the latter are paid to get it right.

 

[franco_22]

Obviously you don't.





Yes I realise that, but the fact that she was originally charged with murder shows that it met the criteria for murder.

She was originally charged with murder but because there wasn't enough evidence for a conviction so she was charged AND convicted for manslaughter.

They aren't going to sentence her based on some charge made by some cop at the police station.

 

[franco_22]

If the CPS failed to bring the correct charge because they didn't think they could get a conviction it does not change the fact that the crime was murder, as the police using their common sense and experience in the field realised. I suppose that's the difference between the CPS, the defence and the police, the latter are paid to get it right.

Yes the police understands criminal law better then criminal lawyers and crown court judges. That makes perfect sense.

 

[Richie]

The general rule in the cases where there is a fine line between one "level" of crime and another is for the police to charge with the higher crime. Its much easier to drop the crime down than it is to raise it up.

/wait to see if someone brings up the "charged with assault then changed to murder is going up the crime level tho"

Before you do, think about it for a second....

 

[Energize]

Yes the police understands criminal law better then criminal lawyers and crown court judges. That makes perfect sense.

Don't put words in my mouth. It's not about understanding, it's about getting the results that they are paid to, which is a conviction of some kind even if not the technically correct one, the girls were willing to admit to manslaughter so the CPS went with that to save time and money, doesn't mean they didn't commit murder.