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It Is Reported That These Men Are To Be Charged With Human Trafficking And Torture, Why Are They Not Being Charged With Mass Murder?
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THECORBYLOON
/// I am no legal expert but I would have thought there would need to be an intent to kill or at least be aware that death would be likely. ///
And don't you think that boarding them into a refrigerated truck, then locking them in from the outside, and then abandoning them for a couple of days on the highway is not an intention to kill or that death would not be likely?
/// I am no legal expert but I would have thought there would need to be an intent to kill or at least be aware that death would be likely. ///
And don't you think that boarding them into a refrigerated truck, then locking them in from the outside, and then abandoning them for a couple of days on the highway is not an intention to kill or that death would not be likely?
This may, of course, just be a holding charge while the authorities continue the investigation. Further charges may well follow.
The article also says that the Austrian authorities are likely to charge them with manslaughter. So this action is probably enough to hold them until the Extradition papers are signed.
The article also says that the Austrian authorities are likely to charge them with manslaughter. So this action is probably enough to hold them until the Extradition papers are signed.
Yes Sandy is right.
I assume that Hungary's interpretation of murder is similar to that or our own. If so, intent to kill is an absolute requirement to support the offence. I doubt there was any intention to kill, although it seems they have been extremely negligent as to the welfare of the ocuupants of the lorry. For murder to be proved they have to have been killed intentionally and recklessness (however extreme) is not intent.
I assume that Hungary's interpretation of murder is similar to that or our own. If so, intent to kill is an absolute requirement to support the offence. I doubt there was any intention to kill, although it seems they have been extremely negligent as to the welfare of the ocuupants of the lorry. For murder to be proved they have to have been killed intentionally and recklessness (however extreme) is not intent.
// I know nothing about Hungarian Law,// AOG
yup that's clear and neither do I and so we both will never know why they werent charged with mass murder, nuclear holocaust or anything else ....
now murder would probably not stick in England either
as even a legal tech would argue that intention to harm was not on their minds as they wished to make money from them and you dont make money from a dead body
More thought and less outraged incredulity AOG please
yup that's clear and neither do I and so we both will never know why they werent charged with mass murder, nuclear holocaust or anything else ....
now murder would probably not stick in England either
as even a legal tech would argue that intention to harm was not on their minds as they wished to make money from them and you dont make money from a dead body
More thought and less outraged incredulity AOG please
We here remember well the 58 Chinese who were found dead in a very similar incident in Dover in 2000. This is what happened to the driver:
The driver of the lorry was Perry Wacker, 33, of Rotterdam. Wacker was arrested at the scene and, in 2001, was sentenced to 14 years in prison for his part in an organised people smuggling operation, coordinated by a Chinese snakehead gang. He was also found guilty of conspiracy to facilitate the entry of illegal immigrants. In 2003, nine Chinese gang members were jailed in the Netherlands for their part in the tragedy.
The driver of the lorry was Perry Wacker, 33, of Rotterdam. Wacker was arrested at the scene and, in 2001, was sentenced to 14 years in prison for his part in an organised people smuggling operation, coordinated by a Chinese snakehead gang. He was also found guilty of conspiracy to facilitate the entry of illegal immigrants. In 2003, nine Chinese gang members were jailed in the Netherlands for their part in the tragedy.
eg R v Woollin 1999
"Where the charge is murder and in the rare cases where the simple direction is not enough, the jury should be directed that they are not entitled to find the necessary intention, unless they feel sure that death or serious bodily harm was a virtual certainty..."
neither of which I think would be present ....
manslaughter is about he bes you would get .....
"Where the charge is murder and in the rare cases where the simple direction is not enough, the jury should be directed that they are not entitled to find the necessary intention, unless they feel sure that death or serious bodily harm was a virtual certainty..."
neither of which I think would be present ....
manslaughter is about he bes you would get .....
Peter Pedant
/// you dont make money from a dead body ///
I would have thought money would have changed hands while they where still alive.
/// More thought and less outraged incredulity AOG please ///
Why do you have to be sarcastically rude, why don't you just put your argument without the need to have a personal did at me?
/// you dont make money from a dead body ///
I would have thought money would have changed hands while they where still alive.
/// More thought and less outraged incredulity AOG please ///
Why do you have to be sarcastically rude, why don't you just put your argument without the need to have a personal did at me?
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