this lady stabbed her husband with knife and left him to die. Why is it manslaughter instead of murder. I just wonder if it had been the husband killing his wife, if the charge would have been differant ?
Its manslaughter because the evidence didn't show any evidence of premeditation, therefore the CPS would move to file a charge of manslaughter and in this case, in front of a jury, that charge was upheld.
It wouldn't have been different if it was a male if the evidence was the same.
In my book if you kill someone it is murder.
Manslaughter is just another way of getting a lighter sentence.
If someone kills someone with a knife, how can that be anything other than murder? Yes there may well be mitigating circumstances but, it is still murder.
There is of course attempted murder which is another thing.
It's a legal definition, nothing more. They already have different degrees of murder, manslaughter is an extension of that. No matter what the courts call it, it doesn't change the basic fact that she killed him.
You can't group all killings under a single word.
Two extremes - a parent comes outside after hearing screams and finds his daughter being strangled in the alley next to the house. They hit the offender with a handy brick and kill them.
A person finds out their spouse has scratched the car, again. Waits for them to come home and stabs them as they walk in.
They are both killings. They are NOT the same. Whether either is justified is neither here nor there - they are not the same so cannot be described by the same word.
So foxy both people are dead, how is that different?
I understand both the different reasons you have given, but I think it should still be classed as murder. Of course any sentencing should reflect circumstances but both people killed someone.
death by dangerous driving is max 10 to 14 years in prison
death by careless driving is max 5 years in prison
Another example taken from todays paper.
Ridiculous comments on the daily mail articles, but what do you expect. The Judge can only interpret the law as laid down in the statute, they do not make the law up as they go along (though some have undoubtedly tried).