Join the most popular community of UK swingers now
Login

would it have been differant if other way round !!

last reply
17 replies
1.4k views
0 watchers
0 likes

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.
Quote by foxylady2209
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.

What foxy says!
Quote by kentswingers777
In my book if you kill someone it is murder.

your driving your car,someone runs right out in front of you,killing them outright...is that murder?
Ermmmmmm..............ya have a point there. wink
I would say that was accidental death unless it was the drivers fault, hence the crime....death by dangerous driving.
Yes I have always said that if you really want to kill someone, then run them over. Five years max so if you want to get rid of that person you wake up to in the morning, you now have the perfect answer. lol
Disclaimer.....anyone who does this does so at their own peril. :wink:
death by dangerous driving is max 10 to 14 years in prison
death by careless driving is max 5 years in prison
Quote by danne-gary
death by dangerous driving is max 10 to 14 years in prison
death by careless driving is max 5 years in prison

That is true what the law says but....you show me any person that has got 10 to 14 years in prison for death by dangerous driving.
Five is a good average and on that basis I would hazard at a guess that death by careless driving carrys two years max.
There was a case not long ago in the South East where a guy killed a family of three, and was as pissed as a fart. He got 8 years, even that did not carry the maximum so I would think to get the maximum you would have to be pissed and kill thirty people at a bus stop.
One example...
Quote by kentswingers777
......
Yes I have always said that if you really want to kill someone, then run them over. Five years max so if you want to get rid of that person you wake up to in the morning, you now have the perfect answer. lol......

Murder (said in Scottish accent :lol2: ) ~ to commit the crime of intentionally killing a person.

I've always thought that it was the intention to take a life that defined murder, whether it was with a knife, a car or a bunch of daffs. confused
Going back to the O/P, the probability of proving intent in someone who has diminished capacity (through drink and drugs) I would imagine could be difficult so the CPS has probably opted for the charge of manslaughter as there's no need to prove intent here.
Just my guess tho. dunno
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).
Quote by Kloopy
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).

True but he has guideline as to sentencing. A minimum and a maximum time.
Seems he ignored that on both counts.
Funny how the Daily mail is wrong here apparently but did not hear anyone slating the papers over the MP'S expenses.
Believe when it suits it may be called.
Quote by kentswingers777
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).

True but he has guideline as to sentencing. A minimum and a maximum time.
Seems he ignored that on both counts.
Funny how the Daily mail is wrong here apparently but did not hear anyone slating the papers over the MP'S expenses.
Believe when it suits it may be called.
I would slag off the Daily Mail anyime silly
Quote by kentswingers777
death by dangerous driving is max 10 to 14 years in prison
death by careless driving is max 5 years in prison

That is true what the law says but....you show me any person that has got 10 to 14 years in prison for death by dangerous driving.
Five is a good average and on that basis I would hazard at a guess that death by careless driving carrys two years max.
There was a case not long ago in the South East where a guy killed a family of three, and was as pissed as a fart. He got 8 years, even that did not carry the maximum so I would think to get the maximum you would have to be pissed and kill thirty people at a bus stop.
One example...

i agree, it is very unlikely that anyone would be given the maximum time in prison
Since the prisons are full how about this for a sentence for a driver who kills.
Never allowed in any form of mechainsed transort ever again.
Forced to cycle or walk - and only ON THE ROAD. They don't get to use footpaths, cycleways or anything. They could wear a hi-viz jacket for safety - on the back it could say "car killer" or similar - just so there is no mistaking them for a road worker.
wink Tongue in cheek of course - but then I've never lost anyone to a driver. In which case I suspect I would become deadly serious about this.
Quote by kentswingers777
so if you want to get rid of that person you wake up to in the morning, you now have the perfect answer. lol
Disclaimer.....anyone who does this does so at their own peril. wink
I think you'll find that the person mostly in peril would be the one that gets hit by the car. :lol: :lol: :lol: