Quizzes & Puzzles97 mins ago
These Cases Get Even More Horrific.
27 Answers
http:// www.dai lymail. co.uk/n ews/art icle-24 24335/M ummifie d-corps e-boy-4 -mother -s-bedr oom-TWO -YEARS- starved -death. html
It is reported that this person is to be charged with manslaughter, why is this not murder?
/// The prosecutor told the jury: 'She made no call for assistance - for a doctor or an ambulance.
'What did she do? Within hours she was ordering a pizza. So, no call for assistance but a call, or even calls, for pizza. ///
/// 'Moreover, she thereafter continued to claim child benefit in respect of her dead son.' ///
/// Mr Greaney said the jury will have to consider whether the pizza and the child benefit matters 'demonstrate anything about her attitude towards Hamzah'. ///
I wouldn't have thought there would be too much of a problem there.
It is reported that this person is to be charged with manslaughter, why is this not murder?
/// The prosecutor told the jury: 'She made no call for assistance - for a doctor or an ambulance.
'What did she do? Within hours she was ordering a pizza. So, no call for assistance but a call, or even calls, for pizza. ///
/// 'Moreover, she thereafter continued to claim child benefit in respect of her dead son.' ///
/// Mr Greaney said the jury will have to consider whether the pizza and the child benefit matters 'demonstrate anything about her attitude towards Hamzah'. ///
I wouldn't have thought there would be too much of a problem there.
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Well it's not so obvious
If I kidnap someone and lock them in a room until they starve to death then there is deliberate action and we have Murder
This is after all what probably happened to Richard II
The CPS would have to establish whether there was a *deliberate intention* to starve someone to death to justify a murder charge.
http:// en.wiki pedia.o rg/wiki /Murder _in_Eng lish_la w#Mens_ rea_.28 intenti on.29
// for the defendant to have the mens rea of murder, there must be something more than mere foresight or knowledge that death or serious injury is a "natural" consequence of the current activities: there must be clear evidence of an intention //
If I kidnap someone and lock them in a room until they starve to death then there is deliberate action and we have Murder
This is after all what probably happened to Richard II
The CPS would have to establish whether there was a *deliberate intention* to starve someone to death to justify a murder charge.
http://
// for the defendant to have the mens rea of murder, there must be something more than mere foresight or knowledge that death or serious injury is a "natural" consequence of the current activities: there must be clear evidence of an intention //
I expect she has been charged with 'gross negligence manslaughter'.
Gross Negligence Manslaughter
This is where the death is a result of a grossly negligent (though otherwise lawful) act or omission on the part of the defendant. The law in respect of this has been clarified in the case of R v Adomako (1994) 3 All ER 79 where a four stage test for gross negligence manslaughter known as the Adomako Test was outlined by the House of Lords:
The test involves the following stages:
a) the existence of a duty of care to the deceased;
b) a breach of that duty of care which;
c) causes (or significantly contributes) to the death of the victim; and
d) the breach should be characterised as gross negligence, and therefore a crime.
http:// www.cps .gov.uk /legal/ h_to_k/ homicid e_murde r_and_m anslaug hter/#v oluntar y
Murder and manslaughter are both common law offences and both have a maximum life sentence.
In this case a charge of manslaughter is appropriate because it would be very difficult to prove that the mother deliberately starved her child with the intention of causing him to die.
Gross Negligence Manslaughter
This is where the death is a result of a grossly negligent (though otherwise lawful) act or omission on the part of the defendant. The law in respect of this has been clarified in the case of R v Adomako (1994) 3 All ER 79 where a four stage test for gross negligence manslaughter known as the Adomako Test was outlined by the House of Lords:
The test involves the following stages:
a) the existence of a duty of care to the deceased;
b) a breach of that duty of care which;
c) causes (or significantly contributes) to the death of the victim; and
d) the breach should be characterised as gross negligence, and therefore a crime.
http://
Murder and manslaughter are both common law offences and both have a maximum life sentence.
In this case a charge of manslaughter is appropriate because it would be very difficult to prove that the mother deliberately starved her child with the intention of causing him to die.
Murder is harder to prove. Indeed pressing for that charge might well end up with the mother being found not guilty. Though, hopefully, guilty of the lesser offence of manslaughter. It's a vile and sickening crime. But the best bet is to ensure that the woman does receive punishment for her crime. I think that will be served best here by a charge of manslaughter.
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