copper facing manslaughter charge over g20 death

[Donna Ferentes]

"Although the accused did not intend to cause serious harm or foresee the risk of doing so, and although an objective observer would not necessarily have predicted that serious harm would result, the accused's responsibility for causing death is constructed from the fault in committing what might have been a minor criminal act."

 

[Donna Ferentes]

"Thus, a punch which causes a person to fall will almost inevitably satisfy the test of dangerousness, and where the victim falls and suffers a fatal head injury the accused is guilty of manslaughter. It is foreseeable that the victim is at risk of suffering some physical harm (albeit not serious harm) from such a punch and that is sufficient. "

 

[stowpirate]

If the recent news is true how can it be manslaughter? It is premeditated action by the police officer involved using the g20 as an alibi. We will never know how many others this individual has attacked but there is never smoke without fire.

 

[London_Calling]

Donna - the ingredients are Manslaughter, Recklessness and Causation. Honest.

 

[Donna Ferentes]

Donna - the ingredients are Manslaughter, Recklessness and Causation. Honest.

Do you have any comments on my excerpts?

 

[littlebabyjesus]

Funny how nobody questioned whether this was murder or not.

The article says 'beaten to death', which is not incorrect, but the truth is that he was pushed over and died from injuries resulting from banging his head on the ground.

If anyone other than the police launches an unprovoked attack on someone and they die, it's called murder.

 

[rikwakefield]

Not only that, but this whole covering up numbers thing: old as the hills it may be, but it is also against the law and clearly sanctioned at high levels. Ergo the Police are a criminal organisation.

Just like The Wire, they're all part of The Game.

 

[maomao]

The proper charge would be corporate manslaughter against the Met.

 

[littlebabyjesus]

The proper charge would be corporate manslaughter against the Met.

Like Hillsborough and countless other occasions. I fear nobody will ever be prosecuted over this.

 

[butchersapron]

A Corporate manslaughter charge, even the 'beefed up' new law would ensure no one is convicted of anything i'm afraid.

 

[Spymaster]

Donna - the ingredients are Manslaughter, Recklessness and Causation. Honest.

Donna is right. To support a murder charge death would have to be a virtual certainty of the action (it wasn't here) or the copper would need to be proven to have intended to cause serious injury (he'll say he didn't and there's no evidence that I've seen to suggest he did).

If the coppers actions resulted in Tomlinson's death, he's guilty of manslaughter not murder.

 

[London_Calling]

Do you have any comments on my excerpts?

Imo, you're right with Unlawful act manslaughter

 

[Donna Ferentes]

If the coppers actions resulted in Tomlinson's death, he's guilty of manslaughter not murder.

However, I suspect that (among, no doubt, all sorts of other things) the first post mortem might be used to muddy the waters.

 

[sinbit]

Let's be clear the man was assaulted by a police officer. Police officers (in theory atleast) are subject to the same laws as everyone else. If I assault someone and that person subsequently dies as a result of my action I could be prosecuted for manslaughter. A court could convict the officer for manslaughter if it establishes the officer had no legitimate reason for pushing the man with great force which would mean an assault has occurred.

 

[tbaldwin]

I bet coppers hate phone cameras

Yes. And this case could have a real effect on how they behave on demos in the future.
I think that they are probably a lot less violent generally these days than say 20 years ago. But now they will be watching their behaviour much more warily.

 

[Cobbles]

Except that's not what it says at all.....the new post-mortem agreed he had heart and liver conditions and found significant abdominal bleeding but could not say what caused the death. More than enough doubt for the fucker to get off scott free

"Lawyers for the family said the new post-mortem test raised the likelihood of a manslaughter charge."

it's wonderful what a bit of no-win-no-fee litigation can fuel. No doubt all of his caring extended family who have been constantly at his side supporting him through his battle with alcolohism (maybe not....) will be delighted if justice is done (e.g. compensation cheques are in the post).

 

[butchersapron]

Neck wound in now tb?

 

[butchersapron]

"Lawyers for the family said the new post-mortem test raised the likelihood of a manslaughter charge."

it's wonderful what a bit of no-win-no-fee litigation can fuel. No doubt all of his caring extended family who have been constantly at his side supporting him through his battle with alcolohism (maybe not....) will be delighted if justice is done (e.g. compensation cheques are in the post).

You're simply not worth it.

 

[Bob_the_lost]

"Lawyers for the family said the new post-mortem test raised the likelihood of a manslaughter charge."

it's wonderful what a bit of no-win-no-fee litigation can fuel. No doubt all of his caring extended family who have been constantly at his side supporting him through his battle with alcolohism (maybe not....) will be delighted if justice is done (e.g. compensation cheques are in the post).

6/10 Quite good.

 

[butchersapron]

6/10 Quite good.

If it weren't just plattel's troll that he's plagiarised.

 

[Bob_the_lost]

If it weren't just plattel's troll that he's plagiarised.

I hate plagiarists.

 

[London_Calling]

"Lawyers for the family said the new post-mortem test raised the likelihood of a manslaughter charge."

it's wonderful what a bit of no-win-no-fee litigation can fuel. No doubt all of his caring extended family who have been constantly at his side supporting him through his battle with alcolohism (maybe not....) will be delighted if justice is done (e.g. compensation cheques are in the post).

The family don't determine whether the Crown Prosecution Service proceed or not. The CPS would be the first avenue.

No win-no fee concerns civil litigation, not criminal. You're beyond clueless.

 

[Cobbles]

The family don't determine whether the Crown Prosection Service proceed or not. The CPS would be the first avenue.

The Family's lawyers paid for the second (private) coroner.

They had to - an accidental death finding would probably torpedo a nice juicy civil action.

 

[bluestreak]

The Family's lawyers paid for the second (private) coroner.

They had to - an accidental death finding would probably torpedo a nice juicy civil action.

Lol.

 

[Spymaster]

Imo, you're right with Unlawful act manslaughter

The crime would be Involuntary Manslaughter.

However, I suspect that (among, no doubt, all sorts of other things) the first post mortem might be used to muddy the waters.

Well quite. Also given Tomlinson's reported state of health it's going to be difficult to prove that the push caused the haemorrage, assuming that the haemorrage killed him.

Loads of wriggle room here.

 

[Donna Ferentes]

Well quite. Also given Tomlinson's reported state of health it's going to be difficult to prove that the push caused the haemorrage, assuming that the haemorrage killed him.

That's what might distinguish it from the head injury as per the case cited on Wikipedia: no-one can doubt that the push caused the head injury. Whereas I suppose that someone might argue that the haemorrhage was not brought about by the push and subsequent fall.

Not that I believe it mind - but the question is whether any medical case can be made that this is possible. (I wouldn't know.)

 

[DexterTCN]

Given that this pathologist seems to have previous....all these shenanigans starting to seem very orchestrated.

 

[taffboy gwyrdd]

The Family's lawyers paid for the second (private) coroner.

It appears they were wise to. Why are you more concerned with slurring the victim and family rather than focussing on systemic crime in the police force?

Come to think of it, Butchers is right - you're not worth the effort. Dont bother replying, lest you continue to expose your stupid gutter standards.

 

[Das Uberdog]

The Family's lawyers paid for the second (private) coroner.

They had to - an accidental death finding would probably torpedo a nice juicy civil action.

Why does Cobble hate the people and love the pig so much that he is willing to ignore all overwhelming evidence to the contrary of what he is saying, and presume melifluous intent on behalf of a grieving family?

 

[maomao]

Why does Cobble hate the people and love the pig so much that he is willing to ignore all overwhelming evidence to the contrary of what he is saying, and presume melifluous intent on behalf of a grieving family?

Because he's an attention seeking little whore and wants a reaction. Don't give him the satisfaction.