BlackDiamond wrote: ↑
Tue Aug 13, 2019 10:21 am
mkhammer wrote: ↑
Tue Aug 13, 2019 9:58 am
Some of the way some crimes are categorised really bug me mate..
Throw a Concrete Block off a Bridge at a Car doing 70Mph on a motorway....
This can be treated as vandalism/common assault...maybe ABH....couple years,worst case..
But if that aint trying to kill someone...then I don't know what is
Punch someone breaking into your house...they fall bang their head and the worst happens..
You can get done for Manslaughter..anything from 5 years up to life..
In this example the CPS could charge the concrete block assault as a charge of terrorism which would change the severity of the offence. Flexibility is all part of due process.Just depends whether they have the appetite to go the full monty or take the easier route.
The burglary case manslaughter could be ruled justifiable, if the burglar was armed with a knife...and I would suggest one could be found with his prints on at the scene,proving the point...if the homeowner had an agile mind and a sense of self preservation...
What makes a difference or should do anyway BD..is..is it premeditated...
Someone picks a brick up and goes looking and searching for someone,hits them with it,kills them,
Your in a scuffle,on the ground having the shite kicked out of you,you reach out grab a Rock,and
whack someone round the head,kill them...it's not..but you'll still face a charge,scuffle your fault
The Guy with the Concrete block has premeditated his actions..its deliberate...
The guy wakes up to someone in his house maybe to threaten his family,legally can use force..
How much..is the prob,but he didn't premeditate to hurt or kill someone.
But lots of different scenarios...not cut and dried..however searching and finding a Paving slap
to throw at a moving car is cut and dried..yet usually has a low classification when sentencing...
Recall a guy getting six years for killing a truck driver a while back..
Six years for murder............