c.p
Getting The Hang Of It
Posts: 77
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« Reply #25 on: February 15, 2009, 02:04:14 pm » |
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i'm not sure you can make this type of comparison based upon facts presented by the media. its easy to believe that the act of hopping into a car after drinking booze is a case of liability. however you have to determine whether or not the driver intended upon using a vehicle to commit murder.
re the emery case, intent [mens rea] no point trying to explain the meaning of this] was the issue. furthermore, aggravating circumstances such as the fact that he grabbed this knife and charged out with the intention of sorting the boy out assisted in the conviction. [the moot point being whether he intended on using it to harm] the boy died as a result of emery the knife piercing his body. the time he received depends much upon whether he has previous offences etc.
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