I find it deeply concerning that the charge is manslaughter, perhaps negligence causing death (if there is such a statute), but not manslaughter.
Wayne,
While I hate the nanny state the reason there is a fence is to stop children entering the pool area and drowning.
The reason there is a penalty for not having a proper fence is to convince you you need to have a fence to stop children entering the pool area and drowning.
If you do not have an adequate fence and a child drowns...
Quite a long bow to draw to align this with someone slipping off of a roof.
cheers
Surly
I find it deeply concerning that the charge is manslaughter, perhaps negligence causing death (if there is such a statute), but not manslaughter.
Manslaughter, unlike murder, is a pretty wide concept. The defense will argue that the nexus is toward the lower end of the scale (ie the defendant is removed from the event) while the prosecution will argue that his inaction directly caused the death of the child.
Perhaps you can address my other hypothetical examples?Let's avoid trying to parse a hypothetical. In simple terms, the law requires that a pool be fenced. The pool wasn't fenced (or was inadequately fenced) and as a result of the negligence of the pool owner a child died. I don't see how it can't fit within the definition of manslaughter.
Negligence causing death is just a variant of manslaughter. Manslaughter, unlike murder, is a pretty wide concept. The defense will argue that the nexus is toward the lower end of the scale (ie the defendant is removed from the event) while the prosecution will argue that his inaction directly caused the death of the child.
Perhaps you can address my other hypothetical examples?
The roof, maybe.
The drunk, maybe.
The city by the beach, no.
The knife in the drawer, no.
Sorry, I'm in a bit of rush.
If so, the law is dysfunctional IMO.
I'm getting closer and closer to heading for the hills with a sack of heirloom seeds and a Kalashnikov.
LOL! Well you're in the right country for that!
CanOz
The question to me is 'what constitutes manslaughter?'.
Where do we extend the boundaries to?
Is have a roof that someone fell off and died manslaughter?
How about having a knife in your drawer that your depressed brotheri n law topped himself with?
How about owning a car that the drunken knucklehead step out in front of and got squashed by?
How about building a city next to a beach where people drown at? Who do we charge with manslaughter there?
I find it deeply concerning that the charge is manslaughter, perhaps negligence causing death (if there is such a statute), but not manslaughter.
Reversing your argument Wayne:
if a drunk driver kills someone are they only to be charged with drunk driving?
if a person discharges a firearm in a public place and inadvertently kills someone is it simply discharging a firearm in a public place?
Reversing your argument Wayne:
if a drunk driver kills someone are they only to be charged with drunk driving?
Or one last hypothetical that the wife just came up with:
What if the child didn't wander next door, but across the road and has hit and killed by a car unable to stop in time, doing the speed limit at the time, should the driver be charged with manslaughter?
Or one last hypothetical that the wife just came up with:
What if the child didn't wander next door, but across the road and has hit and killed by a car unable to stop in time, doing the speed limit at the time, should the driver be charged with manslaughter?
Yes. The child is the responsibility of the parent. If you can't fulfil that responsibility, don't have the child.If it were my child I'm sure I'd be looking for some punishment. If they had just fenced their pool that child would be alive. How many parents out there can admit losing their kid for 5 minutes while they unpacked the groceries, or answered the phone. Does that make the parent irresponsible?
The parent should have considered that before failing to supervise the kid around water.My opinion, i agree the punishment should be severe enough to send a message, nothing will ever get that kid back.
CanOz
Not only do you not have figures, but you are apparently unaware that in many cases the pools were properly fenced but some ingenious kids dragged chairs et al from some distance away to enable them to either operate the pool fence gate or climb over the fence.I think your being a bit rough in this case.
Passing a law to force people to properly fence their pools was a response to regular tragedies of children falling into backyard pools and drowning. I havn't got the figures but there would have many, many heartbreaks in the past.
Oh, all the emotional stuff dragged out again.Kids are curious, very quick to disappear and love water. Our community decided that we owed them some protection from their own vulnerability.
And more drownings will happen. How are you going to legislate against all the streams, dams, rivers, and - as above - the sea.The tragedy of the childs death in the pool highlights what happened on a regular basis before mandatory pool fence laws were passed.
Entirely correct.I'm not against the law fencing pools, but what is the penalty if you dont? Whatever the penalty is, then that is what he should be charged/fined.
Yes he broke the law by not having his pool fenced, but none of his actions had anything to do with the child wandering into his yard.
No, but he is undoubtedly anxious and upset about such a charge. I sure as hell would be.Prawn, he's been charged with manslaughter. He hasn't been convicted yet.
Exactly. And all sorts of other scenarios.The question to me is 'what constitutes manslaughter?'.
Where do we extend the boundaries to?
Is have a roof that someone fell off and died manslaughter?
How about having a knife in your drawer that your depressed brotheri n law topped himself with?
How about owning a car that the drunken knucklehead step out in front of and got squashed by?
How about building a city next to a beach where people drown at? Who do we charge with manslaughter there?
I find it deeply concerning that the charge is manslaughter, perhaps negligence causing death (if there is such a statute), but not manslaughter.
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