Bloke killed in Supermarket
Discussion
oyster said:
Why were the charges downgraded from murder to manslaughter? It seems pretty clear that the man tried to land a hefty blow to Mr Tripp. Does it matter that the actual death occured from the victim hitting his head on the floor? The fact is that he hit his head as a DIRECT result of the slap from the charged.
Murder requires an intention to kill rather than killing someone. If the guy stabbed him in the head then thats murder as any reasonable person would assume a knife to the head will kill. A punch is less likely.alfabadass said:
Murder requires an intention to kill rather than killing someone. If the guy stabbed him in the head then thats murder as any reasonable person would assume a knife to the head will kill. A punch is less likely.
No, we have already been over this, the Mens Rea of Malice Aforethought also includes GBH. Punching someone could break skin (such as the nose) or cause bruising (cheek/eye) and thus murder can be charged - the liklihood of death is not necessarily relevant (account for egg shell skull test etc). It is charged when someone is punched and they hit their head on the kerb for example.Gassing Station | News, Politics & Economics | Top of Page | What's New | My Stuff