Assault/manslaughter

[THECORBYLOON]

Without reference to ANY PENDING CASE, if a person is not guilty of assault with intent to rob, why is a charge of manslaughter likely to be proven? If there has been no assault, how can there be manslaughter?

[Ward-Minter]

There can not be unless it is a manslaughter case involving gross negligence (i.e similar to corporate manslaughter).

With normal manslaughter there has to be an "assault" of some kind, the difference with murder is there is no "malice aforethought" or "intention to commit murder or at least GBH"

Ergo, you push somebody (with aggression) NOT a play fight, he falls and bangs his head-MANSLAUGHTER

You push somebody with the intention of causing them severe harm (GBH) he falls and dies -MURDER.

[Drisgirl]

English Law here TCL - you know it owuld have been done and dusted in Scotland with a Not Proven.

Now we know that is not a popular verdict because it potentially says youre guilty but we cant prove it.( I have as it happens been a victim of this - I was a victim of a hit and run0 - she had the best solicitor in Scotland but it was not proven - even although I was lashed into a building from the impact.(Money talks).

TCL - I know which case you are pertaining to.I obviously have to agree with WM as he is an expert in English Law.I also have to say that 3 trials is making a mockery of the English Judicial System.(Lay - Person - but hey thats what Juries are made up of).

About time Scottish Law was deemed superior.

[don1]

This has me beat Corbyloon, not guilty of murder TWICE not guilty of assault, so now we will try them for manslaughter.

This isn't justice it's a witch hunt.

[WoWo]

I agree it is turning into a witch hunt, as said before the question isn't about a specific case but if we are all talking about the same case the evidence as I saw it reported seemed flimsy at best and from my view point could never have been directly linked to murder.

[Peter Pedant]

no there is a logical fallacy in the question.

if someone is not guilty of assault with intent to rob it does not mean there was no assault.

it could be that they could not show intent to rob...

and so then there may be no prob about the manslaughter on WM analysis.

salut babies have fun