Quizzes & Puzzles8 mins ago
Manslaughter by proxy?
http://news.bbc.co.uk/1/hi/england/london/7909 563.stm
both these sound like nasty bits of work and jail is the best place for them, but can someone clarify. It seems that one person can be prosecuted for invoking actions in another. Can anyone explain the limit of this I mean if a comment by person A induces crime in person B under what curcumstances can A be prosecuted? I'm not making any points here, just trying to understand the law.
both these sound like nasty bits of work and jail is the best place for them, but can someone clarify. It seems that one person can be prosecuted for invoking actions in another. Can anyone explain the limit of this I mean if a comment by person A induces crime in person B under what curcumstances can A be prosecuted? I'm not making any points here, just trying to understand the law.
Answers
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For more on marking an answer as the "Best Answer", please visit our FAQ.Of course this was in 1952 so the case may turn out different nowadays.
http://en.wikipedia.org/wiki/Derek_Bentley
http://en.wikipedia.org/wiki/Derek_Bentley
It is similar to the accomplice who supplied the gun and hid the gun in the case of the shooting of Rhys Jones I believe.
In this latest case it was a completely uncontrolled act of studidity and an excessive reaction to a mundane and simple misunderstanding. The couple were like a timebomb, it is fantasital to believe that there would be a couple who both had so similar a character that one goes ballistic and another carried it on and gets violent, they must have been a riot to live next door to.
In this latest case it was a completely uncontrolled act of studidity and an excessive reaction to a mundane and simple misunderstanding. The couple were like a timebomb, it is fantasital to believe that there would be a couple who both had so similar a character that one goes ballistic and another carried it on and gets violent, they must have been a riot to live next door to.
Anthony walker is a similar caes too.
In relation to the story it epitomises everything that has gone wrong with this country.
Because somebody objected to her jumping the queue (and I'd wager she did) someone was going to get at least beat up.
That in microcosm is Britain today, "can you pick dog's poo up please?"
"No! Do you wanna fight about it?"
"can you put your rubbish in the bin please?"
"No! You wanna fight about it?" etc etc
I saw a schools programme the other week about anti social behaviour it featured a retired Colonel (served in Bosnia) this lad turned round and said "yeah, but we will stand up for ourselves nowadays" noone asked, but what if you're wrong?
In Britain today we value power above kindness
In relation to the story it epitomises everything that has gone wrong with this country.
Because somebody objected to her jumping the queue (and I'd wager she did) someone was going to get at least beat up.
That in microcosm is Britain today, "can you pick dog's poo up please?"
"No! Do you wanna fight about it?"
"can you put your rubbish in the bin please?"
"No! You wanna fight about it?" etc etc
I saw a schools programme the other week about anti social behaviour it featured a retired Colonel (served in Bosnia) this lad turned round and said "yeah, but we will stand up for ourselves nowadays" noone asked, but what if you're wrong?
In Britain today we value power above kindness
I hadn't realised incitement in law went so far back
http://en.wikipedia.org/wiki/Incitement
I would guess similar principles were used well before this to stop "agitators" stirring up crowds.
http://en.wikipedia.org/wiki/Incitement
I would guess similar principles were used well before this to stop "agitators" stirring up crowds.
The common law offence of 'Incitement' may well go a long way back but it was abolished by Section 59 of the Serious Crime Act 2007.
The woman in the case you refer to, R1Geezer, could have been prosecuted under Part 2 of the Serious Crime Act 2007 with the offence of 'encouraging or assisting an offence' (using either Section 44 or Section 45 of the Act):
http://www.statutelaw.gov.uk/content.aspx?LegT ype=All+Legislation&title=serious+crime&Year=2 007&searchEnacted=0&extentMatchOnly=0&confersP ower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS& PageNumber=1&NavFrom=0&parentActiveTextDocId=3 418096&ActiveTextDocId=3418153&filesize=48631
However the CPS seem to have preferred to use a charge of manslaughter. There are three ways (in law) in which manslaughter can be committed. One of these is "conduct, taking the form of an unlawful act involving a danger of some harm, that killed". It seems that the prosecution were able to convince the jury that the woman's act was unlawful (possibly by reference to the legislation referred to above) and involved a danger of harm that resulted in the death of the victim.
http://www.cps.gov.uk/legal/h_to_k/homicide_mu rder_and_manslaughter/
Chris
The woman in the case you refer to, R1Geezer, could have been prosecuted under Part 2 of the Serious Crime Act 2007 with the offence of 'encouraging or assisting an offence' (using either Section 44 or Section 45 of the Act):
http://www.statutelaw.gov.uk/content.aspx?LegT ype=All+Legislation&title=serious+crime&Year=2 007&searchEnacted=0&extentMatchOnly=0&confersP ower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS& PageNumber=1&NavFrom=0&parentActiveTextDocId=3 418096&ActiveTextDocId=3418153&filesize=48631
However the CPS seem to have preferred to use a charge of manslaughter. There are three ways (in law) in which manslaughter can be committed. One of these is "conduct, taking the form of an unlawful act involving a danger of some harm, that killed". It seems that the prosecution were able to convince the jury that the woman's act was unlawful (possibly by reference to the legislation referred to above) and involved a danger of harm that resulted in the death of the victim.
http://www.cps.gov.uk/legal/h_to_k/homicide_mu rder_and_manslaughter/
Chris
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