Head on Collision = Murder Charge
Head on Collision = Murder Charge
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Discussion

Saleen836

Original Poster:

12,397 posts

236 months

There was an accident at end of June involving 2 cars in a head on, one driver sadly died at the scene the other has been charged with murder plus other things, never heard of someone being charged with murder after causing a crash!

https://www.wiltshire999s.co.uk/first-pictures-man...

The Mad Monk

11,239 posts

144 months

vaud

58,680 posts

182 months

Aside from the appalling loss, I admire her fiancé's humour at a very dark time for him

Maher and Mullaney had been engaged since the 1980s but never got married.
"We've only been together for 40-odd years, you can't rush these things," Maher said.

Sheepshanks

40,238 posts

146 months

vaud said:
Aside from the appalling loss, I admire her fiancé's humour at a very dark time for him

Maher and Mullaney had been engaged since the 1980s but never got married.
"We've only been together for 40-odd years, you can't rush these things," Maher said.
I thought that too. Bit ironic. He could be in for a lot of hassle now - or perhaps he'll be glad of a clean break.


Regarding the charge - I could only guess that the passenger in the accused's car has said something.



Edited by Sheepshanks on Monday 6th July 23:12

Starfighter

5,334 posts

205 months

I’d like to see more of this where there is an obvious disregard for others.

vaud

58,680 posts

182 months

Starfighter said:
I d like to see more of this where there is an obvious disregard for others.
We will need to wait for the full story - causing death by dangerous is the obvious one, maybe manslaughter, but murder needs "malice aforethought"... so targeted..?

Ian Geary

5,511 posts

219 months

Its awful for the family of the victim.

Murder would imply intent to kill though.

I do recall reading on here that police often go with the highest charge possible early on, and then reduce it later.

But ultimately they will have to disclose their evidence to the defence solicitor, so it's a case of waiting to see i suppose.

HocusPocus

2,005 posts

128 months

The mens rea for murder isn't malice aforethought. It is the intention to kill.

vaud

58,680 posts

182 months

HocusPocus said:
The mens rea for murder isn't malice aforethought. It is the intention to kill.
Sorry, yes, you are correct.

SteveScooby

836 posts

204 months

HocusPocus said:
The mens rea for murder isn't malice aforethought. It is the intention to kill.
The intention to kill or cause serious harm.

Jinba Ittai

682 posts

118 months

Yesterday (06:52)
quotequote all
I assume that the victim and accused knew each other due to the police force’s mandatory self referral to the IOPC due to previous contact. What a terrible situation.

LosingGrip

8,779 posts

186 months

Yesterday (08:17)
quotequote all
Jinba Ittai said:
I assume that the victim and accused knew each other due to the police force s mandatory self referral to the IOPC due to previous contact. What a terrible situation.
Not always. A few things it could be.

Sheepshanks

40,238 posts

146 months

Yesterday (08:45)
quotequote all
LosingGrip said:
Jinba Ittai said:
I assume that the victim and accused knew each other due to the police force s mandatory self referral to the IOPC due to previous contact. What a terrible situation.
Not always. A few things it could be.
It says in one of the reports they got the direction of travel of the vehicles wrong so perhaps the initial investigation was somewhat lacking.

agtlaw

7,359 posts

233 months

Yesterday (10:16)
quotequote all
HocusPocus said:
The mens rea for murder isn't malice aforethought. It is the intention to kill.
Not quite.

"Subject to three exceptions (which constitute partial defences to murder, and result in a conviction for manslaughter) the crime of murder is committed, where a person:

- of sound mind and discretion (sane)
- unlawfully kills (not self-defence or other justified killing)
- any reasonable creature (a human being)
- in being (born alive and breathing through its own lungs)
- under the King's Peace (not in wartime)
- with intent to kill or cause grievous bodily harm (in contrast to the offence of attempted murder, where only intent to kill will suffice)"

Source: CPS

QBee

22,309 posts

171 months

Yesterday (15:40)
quotequote all
There have been a number of cases recently when car drivers trying to avoid capture by the police have deliberately headed the wrong way down a dual carriageway becuase they know it will stop the police from following them.
For some reason it seems often to be drivers of middle sized vans.
They know they are putting other people's lives at risk by doing that, they couldn't care less.
Only their escape from capture matters to them.

To me that's murder, when a collision results and the innocent driver of (often) a smaller car dies in the resulting collision.

Jinba Ittai

682 posts

118 months

Yesterday (15:49)
quotequote all
LosingGrip said:
Jinba Ittai said:
I assume that the victim and accused knew each other due to the police force s mandatory self referral to the IOPC due to previous contact. What a terrible situation.
Not always. A few things it could be.
Interesting. Thanks. smile

HocusPocus

2,005 posts

128 months

Yesterday (15:58)
quotequote all
agtlaw said:
HocusPocus said:
The mens rea for murder isn't malice aforethought. It is the intention to kill.
Not quite.

"Subject to three exceptions (which constitute partial defences to murder, and result in a conviction for manslaughter) the crime of murder is committed, where a person:

- of sound mind and discretion (sane)
- unlawfully kills (not self-defence or other justified killing)
- any reasonable creature (a human being)
- in being (born alive and breathing through its own lungs)
- under the King's Peace (not in wartime)
- with intent to kill or cause grievous bodily harm (in contrast to the offence of attempted murder, where only intent to kill will suffice)"

Source: CPS
In my defence, my criminal law module was back in 1987, and the body has since been worked hard with decades of professional wining and dining! smile

otolith

67,343 posts

231 months

Yesterday (16:16)
quotequote all
LosingGrip said:
Jinba Ittai said:
I assume that the victim and accused knew each other due to the police force s mandatory self referral to the IOPC due to previous contact. What a terrible situation.
Not always. A few things it could be.
BBC said:
Wiltshire Police said it had made a mandatory referral to the watchdog the Independent Office for Police Conduct (IOPC) due to previous involvement with the suspect.

The force said it received a number of calls from the public relating to the suspect prior to the collision throughout the day on 30 June.
https://www.bbc.co.uk/news/articles/cj6gp07j3yyo

JC06

153 posts

234 months

Yesterday (20:01)
quotequote all
otolith said:
BBC said:
Wiltshire Police said it had made a mandatory referral to the watchdog the Independent Office for Police Conduct (IOPC) due to previous involvement with the suspect.

The force said it received a number of calls from the public relating to the suspect prior to the collision throughout the day on 30 June.
https://www.bbc.co.uk/news/articles/cj6gp07j3yyo
This. A prolific offender who was reported to the police several times on the day for crashing into other cars, being drunk and disorderly, shoplifting and drink driving.

Some of his previous.
https://www.swindonadvertiser.co.uk/news/847548.br...

https://www.swindonadvertiser.co.uk/news/14030617....

Barbara was a truly lovely lady.