Was This In Effect Murder?

[ToraToraTora]

http://www.bbc.co.uk/news/uk-england-44159192
The court says not but I wonder if the savage was in effect directly responsible for his death. Devastating case.

[Mamyalynne]

Horrendous, I can understand the difficulty the Jury may have had in this case.

[jackthehat]

In law there has to be the 'intent' to murder. The Prosecution were not able to establish that in this case no matter how reckless her actions were.

I hope that the law-makers can address circumstances such as these and find a solution which feels more like Justice.

[Butterbun]

She didn't murder him but she destroyed him. I hope she gets a very long term in prison when she is sentenced next week.

[Spungle]

For what he suffered before his death, she should be locked up for a very long time. Bearing in mind, these days, the sentence for murder often ends up with the killer walking free after a relatively short time, I expect she will be out on the streets, probably selling her story, before long.

[Togo]

Wicked woman. Perhaps if he had been allowed to suffer agony for a while longer and died, she could have been rightly convicted of murder. I cannot imagine what he and his family, or the medical staff had to endure, I can but hope that she deservedly feels some of their pain...…...somehow.

[THECORBYLOON]

It's not clear to me whether she was found not guilty of murder because that was not her intent or whether it's because the victim chose assisted suicide.

[Jackdaw33]

Not quite, JTH. The mens rea for murder is intent to kill or intent to cause GBH.

[Jackdaw33]

The latter, Corby. Throwing acid at someone would show sufficient intent to cause GBH and support a charge of murder. However taking his own life broke the chain of causation.

[THECORBYLOON]

From the link, "If the jury had found Berlinah Wallace had thrown the acid intending to kill or seriously harm Mark Van Dongen, and that her act was a significant cause of his death, it would have been open to them to find her guilty of murder."

[THECORBYLOON]

If the suicide breaks the chain, why would the CPS have considered a murder charge?

[jno]

you can't convict anyone of murder or manslaughter when the dead man killed himself; I'm surprised they even tried. "Driving someone to suicide" isn't an offence. Still, I hope the sentence is long.

[Spicerack]

I agree with jno. Surprised they went with a murder charge.
Hope it's deported after serving it's sentence.
I wonder how many people with HIV/AIDS 'wash up' here?

[Jackdaw33]

Just another example of the CPS's sheer incompetence, showing them to be not fit for purpose.

[emmie]

yes i believe it was, what a terrible case, i hope she goes to jail for a very long time.

[waterboatman]

Certainly manslaughter I would think, no intention to kill so I can't see murder.

[youngmafbog]

The Government needs to get a grip on these acid attacks.

Make a law specifically for them - mandatory 25 years no parole and no time off.

Judging by recent judgements I doubt we will see any justice in this case, just like the case of the woman too clever to go to jail for stabbing etc.

[ludwig]

It's true that he'd still be alive if she hadn't thrown the acid on him, but unfortunately that doesn't make it murder, or even manslaughter in a legal sense.

I agree with youngmaf that this really needs cracking down on quickly. I can't think of any worse crime than deliberately disfiguring someone like this, other than murder.

Unfortunately I predict an inadequate sentence - even though it may be the maximum for whatever the actual conviction - which will not be served, because she'll be let out early anyway.

[goodgoalie]

Being discussed on Jeremy Vine right now....