That's what I figured. Just asking as the article is silent on the point.
Hero?
- Thread starter stulid
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That's what I figured. Just asking as the article is silent on the point.
Sadly for you, you don't.
Yep, it basically says nothing at all does it.
Indeed.
It's practically perfect for a game of OCUKs favourite game - Trial By Assumption.
It's a fun game, it's like guess who.
Speak of the devil
Difficult to comment on a specific case without knowing any of the details, however I presume that GMP have reasonable grounds for suspecting the shopkeeper of attempted murder (i.e. that unreasonable force was used) this time after the humiliation the police suffered when no charges were brought against Mr Flanaghan.
Speak of the devil
Difficult to comment on a specific case without knowing any of the details, however I presume that GMP have reasonable grounds for suspecting the shopkeeper of attempted murder (i.e. that unreasonable force was used) this time after the humiliation the police suffered when no charges were brought against Mr Flanaghan.
How do you see your keyboard with your head so far in the sand?
Hero IMHO.
72 year maybe stabbed one of several robbers, one of which might have been carrying a gun? Most he's going to get is a slap on the wrist. Depending on where the guy was stabbed and how the stabbing came about they may deduce that there was no intent for murder even though the causation is definitely going to be established. Probably find a defence of loss of control easy enough to claim, but very little case law on the defence as its pretty new so potentially would be an interesting one to watch.
72 year maybe stabbed one of several robbers, one of which might have been carrying a gun? Most he's going to get is a slap on the wrist. Depending on where the guy was stabbed and how the stabbing came about they may deduce that there was no intent for murder even though the causation is definitely going to be established. Probably find a defence of loss of control easy enough to claim, but very little case law on the defence as its pretty new so potentially would be an interesting one to watch.
He stabbed both of the robbers. The one that died was stabbed in the chest. They are the only facts so far.
Soldato
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Where have you got that info from?
Surely you can't charge someone for "attempted manslaughter" manslaughter being defined as accidentally killing someone (right?). You can't attempt an accident...
The Manslaughter isn't necessarily an accident. One of my teachers explained it to me in this way:
If someone is coming towards you in an aggressive manner as if they are going to throw a punch at you, anything you do to them, such as a punch to the neck which may kill them is manslaughter. This isn't an accident, you could even say that you wanted to kill them at that moment.
If they walk up to you in this way and punch you, then walk away and you attack them from behind and kill them. This is in fact murder.
There are a few people who don't appear to want a discussion to take place just because we don't have all of the facts, I don't see what is wrong with making the assumption that the thing he stabbed the robber with was a knife/pair of scissors which would have been there anyway.
The point stands that you can't attempt an accident. To be convicted of manslaughter requires that you commit something like ABH or GBH which has the accidental result of killing someone.
It's a nonsense to talk of an attempted accident. An accident by definition is unintentional.
Also, if you punched someone and "in that moment" you wanted to kill them, then I think it could be murder.
It's a nonsense to talk of an attempted accident. An accident by definition is unintentional.
Also, if you punched someone and "in that moment" you wanted to kill them, then I think it could be murder.
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Sounds like reasonable force used in self defence to me.
I said at first I didn't know too much about law in general, I just attempted to explain why I thought attempted murder was the wrong charge.
I only repeated what the teacher told me, his wife is a lawyer and he was telling me about an actual case that happened where someone had died after being punched in the neck and they had to decide if it was murder or manslaughter and he gave me pretty much that exact analogy. Not much more I can say to be honest.
I only repeated what the teacher told me, his wife is a lawyer and he was telling me about an actual case that happened where someone had died after being punched in the neck and they had to decide if it was murder or manslaughter and he gave me pretty much that exact analogy. Not much more I can say to be honest.