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Journalist killed in Derry riots


ICTChris

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6 minutes ago, The OP said:

HMA v Cawthorne - Accused fired a high velocity rifle into a room where four people had taken refuge from him. Mens rea for attempted murder was found because there was a deliberate intention to kill or a wicked recklessness in that the accused was indifferent as to whether death resulted from his actions.

Petto v HMA - Accused set fire to a building to dispose of a body and argued there was no mens rea for the murder of someone inside the building who died from the fire. Court rejected that and convicted of the murder of the second victim. 

HMA v Purcell - Accused knocked down a child at a pedestrian crossing whilst fleeing police. Convicted of culpable homicide rather than murder because the accused's actions were not found to have intended to cause some personal injury.

 

That's the Scots Law position on killing someone you didn't intend to, not sure about Norn Iron. IMO it'll be broadly similar and shooting at a crowd and killing someone you didn't aim for would be found to be murder. Carry on. 

Except they didn't shoot at the crowd did they?

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Just now, The OP said:

This is the most moronic argument ever. They shot towards people and that is why they hit one of the people. 

No they didn't, Google it.  They shot towards police/a police vehicle, with no intention of a bullet going toward those people.  Unfortunately one did.

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Just now, Kuro said:

No they didn't, Google it.  They shot towards police/a police vehicle, with no intention of a bullet going toward those people.  Unfortunately one did.

It follows from the Petto case that if you could have reasonably anticipated there would have been people in the direction in which you are shooting that you committed murder even if you were not aware of the precise position of the people concerned and did not intend them direct harm. It follows from the Cawthorne case that if you shoot in the general direction of people you are guilty of murder if a person died, even if it is not your intention to kill that precise person. You seem to be classifying the police as not people and trying to amend the law to reflect that. 

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2 minutes ago, The OP said:

It follows from the Petto case that if you could have reasonably anticipated there would have been people in the direction in which you are shooting that you committed murder even if you were not aware of the precise position of the people concerned and did not intend them direct harm. It follows from the Cawthorne case that if you shoot in the general direction of people you are guilty of murder if a person died, even if it is not your intention to kill that precise person. You seem to be classifying the police as not people and trying to amend the law to reflect that. 

Well they can see the people so they're perfectly aware they're there.  You could argue they shot in their general direction unintentionally due to the gun kicking and lack of knowledge on how to properly discharge one, but you couldn't possibly make the case they did it deliberately, which is what the last forty posts on here have been saying.

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5 minutes ago, Kuro said:

No they didn't, Google it.  They shot towards police/a police vehicle, with no intention of a bullet going toward those people.  Unfortunately one did.

 

So you're saying that this wasn't murder because Lyra McKee wasn't the intended target. You've suggested that the actual targets were police/security officers who were trying to maintain law and order. Had they succeeded in killing one or more of them, would that have been murder?

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2 minutes ago, ICTJohnboy said:

 

So you're saying that this wasn't murder because Lyra McKee wasn't the intended target. You've suggested that the actual targets were police/security officers who were trying to maintain law and order. Had they succeeded in killing one or more of them, would that have been murder?

Of course.  What a stupid question.

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I mean I do get the argument that if you want to shoot at person A but you miss and kill person B then that is culpable homicide rather than murder because you had no intention to kill person B but that is not what the law in Scotland says and the law in Norn Iron probably follows similar lines. 

The distinction between murder and culpable homicide can be fuzzy at best and the fact there is a distinction is probably a hangover from murder automatically being a capital offence. 

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3 minutes ago, The OP said:

I mean I do get the argument that if you want to shoot at person A but you miss and kill person B then that is culpable homicide rather than murder because you had no intention to kill person B but that is not what the law in Scotland says and the law in Norn Iron probably follows similar lines. 

The distinction between murder and culpable homicide can be fuzzy at best and the fact there is a distinction is probably a hangover from murder automatically being a capital offence. 

I think they'll have a very good case for voluntary culpable homicide especially in n Ireland where these things are much more common and politically charged.  My point is though, just a simple fact that if the handful of posters hadn't disputed right at the start this all would have been avoided, they didn't mean to hit her.   That's just a fact.

Edited by Kuro
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12 hours ago, Kuro said:

The fundamental problem over there is we have occupied and colonised a chunk of their country for hundreds of years and treated a massive section of the population as second class citizens in their own country.  Its important to realise that we are the bad guys in the whole situation, not the people who resist our occupation by force.

 

11 hours ago, Kuro said:

They didn't aim at the crowd at all.  They're not serious revolutionaries.

 

11 hours ago, welshbairn said:

Just local psychos and drug dealers then?

 

11 hours ago, Kuro said:

Pretty much.

So they're not resisting occupation by force and trying to become first class citizens, but are merely criminals.

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6 minutes ago, The OP said:

I mean I do get the argument that if you want to shoot at person A but you miss and kill person B then that is culpable homicide rather than murder because you had no intention to kill person B but that is not what the law in Scotland says and the law in Norn Iron probably follows similar lines. 

The distinction between murder and culpable homicide can be fuzzy at best and the fact there is a distinction is probably a hangover from murder automatically being a capital offence. 

There must at least be some health and safety issue that the shooter and whoever supplied the gun and bullets can be charged with. 

Edited by welshbairn
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Just now, Jacksgranda said:

 

 

 

So they're not resisting occupation by force and trying to become first class citizens, but are merely criminals.

I wasn't talking about them specifically, I was responding to the Britnat trolls.  We got on to them after.

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7 minutes ago, The OP said:

I mean I do get the argument that if you want to shoot at person A but you miss and kill person B then that is culpable homicide rather than murder because you had no intention to kill person B but that is not what the law in Scotland says and the law in Norn Iron probably follows similar lines. 

The distinction between murder and culpable homicide can be fuzzy at best and the fact there is a distinction is probably a hangover from murder automatically being a capital offence. 

They shot indiscriminately at a group of people and killed one of those persons

Open and shut

Edited by Binos
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