If they watch the video, I doubt that! It's manslaughter not murder anyway.
I'm well aware of what he's been arrested on thanks and I'm pretty sure the jury are going to have to watch the video
If they watch the video, I doubt that! It's manslaughter not murder anyway.
Then you'll know the video looks like he deliberately raised his leg.I'm well aware of what he's been arrested on thanks and I'm pretty sure the jury are going to have to watch the video
Then you'll know the video looks like he deliberately raised his leg.
I don't think it's that simple, but I don't think it will be as hard to return a guilty verdict as you think. The police will have been guided by experts here and those same experts will be telling that story to the Jury.What something looks like and convincing 12 members of a jury to convict someone on manslaughter are very different things.
I’m surprised you think it’ll be as simple as showing them the video.
I don't think it's that simple, but I don't think it will be as hard to return a guilty verdict as you think. The police will have been guided by experts here and those same experts will be telling that story to the Jury.
Thing is, they only have to prove reckless intent which I believe is clearly visible. I can't see why they'd arrest this guy unless they intended to charge him.I think it will as there’s no real precedent. We’ve also seen with other cases where something looks deliberate from the evidence where a jury has failed to deliver a guilty verdict.
Stolen from elsewhere but sums up my thoughts:
“Could Petgrave be Charged?
While there is a legal basis to charge Petgrave, the prospects of criminal charges materializing are on the low side. The reasons are two-fold.
The first is legal context and precedent. This case represents a departure from the typical types of incidents captured by involuntary manslaughter. Examples of involuntary manslaughter include accidentally discharging a firearm, improperly prescribing medication, texting and driving, driving while drunk, assisting a minor to consume the alcohol and failing to control a dog that has a history of attacking people.
As well, there is a general reluctance to criminally charge for incidents that occur on the playing field. Criminal charges are rare in the context of games unless a player clearly intended to attack another player. Here, Petgrave was negligent but did not intend to inflict harm.
The second reason relates to the prospects of success at trial. Prosecutors will only charge Petgrave if they believe there is a reasonable chance of securing a conviction. Here, it will be tough to succeed at trial given the unique nature of the incident.”
"As well, there is a general reluctance to criminally charge for incidents that occur on the playing field. Criminal charges are rare in the context of games unless a player clearly intended to attack another player. Here, Petgrave was negligent but did not intend to inflict harm."
I don’t really have an opinion on this as I haven’t watched the video but I would be concerned about the wider ramifications for other incidents particularly in combat sports.
But some ask you to beat a guy until he is unconscious and nobody expects a boxer to be charged with man slaughter if it goes wrong. I’m not saying they shouldn’t but there will be wider ramifications.Other sports don't have a blade on the end of your legs that a victim doesn't expect to come neck height at them.
But some ask you to beat a guy until he is unconscious and nobody expects a boxer to be charged with man slaughter if it goes wrong. I’m not saying they shouldn’t but there will be wider ramifications.
Expectation of injury doesn’t remove the criminal offence, there is also potential knock on for other sports does a badly timed slide tackle that breaks someone leg become assault/abh do grass roots players want to risk criminal records that could negatively impact a career off the pitch?The major difference is you go in a ring/Octagon knowing that's what your opponent is going to do but the Refs are experienced enough to know when to stop it 99.9999% of the time.
You play Hockey knowing you are going to get roughed up but nobody expects a flying kick to the neck with a blade.
I'm still on the fence about this, originally it looked on purpose but I'm willing to accept gravity and laws of motion if proved accidental.