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Second degree murder, in countries that have it, still requires intent to commit either murder or GBH, no different to NSW. Without intent you can never have murder.
However if such an assault causes death the charge should be 2nd degree murder or similar, manslaughter should be reserved for accidental death caused by negligence, ie: lack of concentration while driving.
Second degree murder, in countries that have it, still requires intent to commit either murder or GBH, no different to NSW.
intent to commit GBH is there..........we should have a second degree murder charge...
I'd say it's not, if it was they would have gone for the murder charge.
Wouldn't you say a king hit is done with the intent to commit GBH ?
I would think that would be fairly easy to prove, especially if the victim is dead.
Not really. Punching someone is no doubt intent to commit assault but not to commit GBH. Intent is harder to prove than recklessness and it's a somewhat gray area between the two that depends on the indivudual circumstances of the case. I highly doubt the DPP took the decision they did lightly.
The outcome does not prove intent, anymore than killing a pedestrian in the course of driving home drunk proves intent to kill a pedestrian.
Well I still think a punch of severe intensity, enough to kill someone constitutes intent to commit GBH it is a grey area but when someone dies the perpetrator should not be given the benefit of the doubt, the assault resulted in death.......that should be enough.
How do you know he died from the punch and not from hitting the pavement? How do you know that the punch wasn't actually relatively weak it just knocked him off balance and he fell and died as a result of the fall? These are all legitimate questions that the defence would have used to argue against the murder charge. All it takes is reasonable doubt.
Fortunately, we still live in a country that believes someone is given the benefit of the doubt of their innocence.
FWIW, I hope this thug gets locked up for a long time.
Thank you for raising this, JTLP. I've been thinking the same. Not to at all take away from the grief and anger of Jill Meahger's husband and family whose distress I can't begin to imagine, I do feel for all of his previous victims (and for that matter other victims of violent crime) who have received not a fraction of the sympathy and attention given to Jill Meahger.So...agree 100% with the sentence...murder should always cop a HEFTY life imprisonment. But I can't feel that just because this girl was 'somewhat' famous (was she really even?) then the guilty party got a fair whack with the book.
Our murder cases with 2 apparent 'commoners' get probably 20 years with parole after 15...with their crimes being no less heinous. What a slight on the system I say.
If we apply that standard and ignore the element of intent and instead apply something along the lines of "has the possibility however remote of causing death", it follows that punching someone should result in a charge of attempted murder (how many State of Origin players would be facing a judge tomorrow morning?). As should pushing someone over, tripping someone....the list goes on and on.
Not really. Punching someone is no doubt intent to commit assault but not to commit GBH. Intent is harder to prove than recklessness and it's a somewhat gray area between the two that depends on the indivudual circumstances of the case. I highly doubt the DPP took the decision they did lightly.
The outcome does not prove intent anymore than killing a pedestrian in the course of driving home drunk proves intent to kill a pedestrian.
Yes I understand all that but if there are witnesses they would attest to the situation, if death occurred because of head hitting the ground that makes no difference but if the victim stepped back to dodge the attack and fell, well that's different.
Thank you for raising this, JTLP. I've been thinking the same. Not to at all take away from the grief and anger of Jill Meahger's husband and family whose distress I can't begin to imagine, I do feel for all of his previous victims (and for that matter other victims of violent crime) who have received not a fraction of the sympathy and attention given to Jill Meahger.
I gather from a brief comment on 7.30 this evening that his previous victims worked in the sex industry.
Even Jill's husband, amongst his anger, was able to reflect on the apparent reality that murder of these previous victims didn't rate such a severe sentence or as much attention.
Do we really have to accept that because one person was middle class and employed in a 'respectable' job, their violent demise counts for more than those who perhaps never had the capacity to work in less salubrious occupations?
http://news.ninemsn.com.au/national...-killer-wins-compensation-over-vegetable-dietBaby killer wins compensation over vegetable diet
A Queensland prisoner who killed and dismembered his own baby daughter has won a $3000 compensation payout because he was forced to eat vegetables in jail.
Raymond Akhtar Ali, 60, was fed a vegetarian diet in Maryborough Correctional Centre for four months in late 2008 and early 2009.
His religious beliefs required he eat specially-prepared halal meat, which must be blessed, slaughtered, cooked and stored according to strict rules.
Ali was incorrectly told that halal food was not available, the Queensland Civil and Administrative Tribunal heard.
The Tribunal ordered the Queensland State Government to pay the $3000 compensation into a victim trust fund, the Courier-Mail reports.
Ali can access the money after he leaves jail if there are no claims from victims and he does not owe any fines.
He can apply for parole from August next year.
Attorney-General Jarrod Bleijie described Ali as a "monster" and said he is seeking advice to appeal the decision.
Ali was sentenced to life in prison after he bashed and dismembered his newborn daughter before burying her body at his home in Logan City in 1998
http://www.heraldsun.com.au/news/la...s-far-too-easily/story-fni0fee2-1226700180903THE PREMIER Denis Napthine has vowed parole laws will be changed to enshrine "community safety" as the Adult Parole Board's priority as a damning report reveals the file on Jill Meagher's killer did not have a full rundown of his criminal history.
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