How Does One Fatal Stabbing Result In A Manslaughter...

[sandyRoe]

... conviction while others lead to murder convictions which carry sentences of life imprisonment?

[sandyRoe]

https://news.met.police.uk/news/man-convicted-of-manslaughter-following-fatal-stabbing-in-parsons-green-458502

[ToraToraTora]

For it to be manslaughter the CPS et al have to believe that death was not the intent.

[sandyRoe]

Are plea bargains ever involved? Admissions of manslaughter saving the courts time and a lot of money.
Whatever happened to 'justice though the heavens fall'?

[Peter Pedant]

For it to be manslaughter the CPS et al have to believe that death was not the intent.

ish

not too bad for a mensan three year old ( if it be he - Teddy I mean)

we have had this quite a lot before: I was reading about it but I didnt think it worth putting on Ab for lack of interest - in ABers of course. Barmaid has kinda Ph D in this: she was a criminal lawyer. [Holt 1762 - three men conspired to rob. One dropped out and the other two robbed, what was the liability of no 3?]

Mairder - killing someone AND intending to go GBH or more
Invol Manslaughter - Killing and intending less including being reckless about meaning to

Common intent ( are you the one who did Law at Durham about 100 y ago?) One lures, and the other stabs, both are guilty of murder.

and so you can see ( easily) that three involved, one does the eveil deed, two may be guilty of murder and one of manslaughter depending on the facts.

( obv mistake about - it is not the CPS but the jury. The judge MAY but does not have to, offer alternative verdicts. Another huge squodge of cases to back that statement up)

[douglas9401]

Well there's the thing, Sandy, 'the heavens' don't exist as such, just some rocks and gas despite the best efforts of poets and politicians.

[Buenchico]

The legal position is well explained on the website of the Crown Prosecution Service:
https://www.cps.gov.uk/legal-guidance/homicide-murder-and-manslaughter

[Peter Pedant]

NJ has gone into plea bargains I think - short answer is: yes but much less than America.

Oh, and if anyone want to learn about Penalties. My god there was a screamer on Radio 4 this am, the leading case is Christine Perrin
https://www.gov.uk/tax-and-chancery-tribunal-decisions/christine-perrin-v-the-commissioners-for-hm-revenue-and-customs-2018-ukut-0156-tcc
bit of a boring read folks
despite screamer screaming this morning ( R4 0810 today) forgetting = tax negligence = 30%

back to Manslaughter
it is Jogee
https://www.bailii.org/uk/cases/UKSC/2016/8.html

judge foo-foo
criminal law a person who assists or encourages another to commit a crime is known as an accessory or secondary party. The actual perpetrator is known as a principal, even if his role may be subordinate to that of others. It is a fundamental principle of the criminal law that the accessory is guilty of the same offence as the principal.

if you are interested in what happens next, read on.
Most of AB I conclude: isnt

[Peter Pedant]

there's the thing, Sandy, 'the heavens' don't exist as such, just some rocks and gas

fraid so it does - - so

https://www.theanswerbank.co.uk/Arts-and-Literature/Books-and-Authors/Question1223012.html#answer-7804020

from 2013 - just yesterday. Comes from Mansfield 1762 in R v Wilkes and was also in the opening sequence of an American justice tv series. Law and foo-foo, or long running Crime and Punie

and there is even stuff in Wiki
https://en.wikipedia.org/wiki/Fiat_justitia

fiat justicia is "let justice be done" in ancient forrin. It is what judges used to speak. Now they just speak complicated crap ( ter daaah!)

https://en.wikipedia.org/wiki/Fiat_justitia_ruat_caelum
not an awful lot about R v Wilkes 1762 - about the unlawfulness of general warrants
Is used I am surprised to see in Somersett's case ( the air of England is too pure for a slave to breathe) - High Ct ordered the release of a detained slave, no offence disclosed.

NO discussion pedants, over ruat coelum, ( singular) or ruant coeli ( plural ) which I learnt
but look ! ( idou, vide!) plural of coelum is coela not coeli
er - heavens !

[Peter Pedant]

I think I have killed that one