Thread Killer Mk V

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sycogrim said:
Hey Wenz what's the penalty for 3rd degree murder/Accidental manslaughter in our country??
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uhm it depends, there are guidlines but the court usually uses its discretion when sentecing.

The essential element of the crime is negligence, but before any court can make a finding of culpable homicide it must be proved by the prosecution that a reasonable man' in the position of the accused would have foreseen that death could result from his actions.

The test for negligence is an objective one, as opposed to the test for intention in murder, which is subjective. For example, if it is shown that a man ought to have foreseen the possibility of killing someone when he fired a gun, negligence is present and he is guilty of culpable homicide. If it is shown that he must have foreseen the possibility of death resulting from his actions or that he intended to kill, intention is proved and he is guilty of murder.
 
Wenzdayz said:
uhm it depends, there are guidlines but the court usually uses its discretion when sentecing.

The essential element of the crime is negligence, but before any court can make a finding of culpable homicide it must be proved by the prosecution that a reasonable man' in the position of the accused would have foreseen that death could result from his actions.

The test for negligence is an objective one, as opposed to the test for intention in murder, which is subjective. For example, if it is shown that a man ought to have foreseen the possibility of killing someone when he fired a gun, negligence is present and he is guilty of culpable homicide. If it is shown that he must have foreseen the possibility of death resulting from his actions or that he intended to kill, intention is proved and he is guilty of murder.
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Think ive been working in a law firm too long if i understood that in its entirety...
 
Wenzdayz said:
uhm it depends, there are guidlines but the court usually uses its discretion when sentecing.

The essential element of the crime is negligence, but before any court can make a finding of culpable homicide it must be proved by the prosecution that a reasonable man' in the position of the accused would have foreseen that death could result from his actions.

The test for negligence is an objective one, as opposed to the test for intention in murder, which is subjective. For example, if it is shown that a man ought to have foreseen the possibility of killing someone when he fired a gun, negligence is present and he is guilty of culpable homicide. If it is shown that he must have foreseen the possibility of death resulting from his actions or that he intended to kill, intention is proved and he is guilty of murder.
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So it's possible he could face 1st Degree?? along with life?? Because whats the bet he didn't fire a warning shot, therefore shooting with the intent to kill.
 
sycogrim said:
So it's possible he could face 1st Degree?? along with life?? Because whats the bet he didn't fire a warning shot, therefore shooting with the intent to kill.
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any time you fire a weapon you intent on shooting something. the state will have to prove that he intended to shoot that person and that he knew that shooting that person could kill them. it also depends on the evidence that the prosecution presents. i think there are 4 elements that have to be present in order for you to be convicted of murder. if anyone of those elements are not present you cannot be convicted of murder. ie there must be no doubt. im actually busy with this now. havent gotten to that chapter yet but will check for you tonight.
 
Wenzdayz said:
any time you fire a weapon you intent on shooting something. the state will have to prove that he intended to shoot that person and that he knew that shooting that person could kill them. it also depends on the evidence that the prosecution presents. i think there are 4 elements that have to be present in order for you to be convicted of murder. if anyone of those elements are not present you cannot be convicted of murder. ie there must be no doubt. im actually busy with this now. havent gotten to that chapter yet but will check for you tonight.
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Cool because I'd be very interested to know kind of guess as to what the possible outcomes of this is going to be.
 
Good morning :)

Jis this has been a busy week. Hopefully this weekend will be better. Scratch that, I've got assignments due next week.

Also, Sleeping Dogs is such a lekker game. Really dig the Hong Kong atmosphere that they managed to create. On a side not, go get Darksiders II on the PSN Store for R99. What a steal.
 
Sleeping Dogs was awesome. Last year was a year of surprises, all the games I was amped for ended up sucking shit - and the ones I had no intention of buying were brilliant. Sleeping Dogs was once such game.
 
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