Recent content by MRSA

Not quite ... OP was quoting thechronicle.com.au - which was itself quoting documents filed by the defence. Sent from my iPad using Tapatalk

Pretty much. Didn't think it was that obscure, but maybe there's no room for subtlety on Websleuths? Sent from my iPad using Tapatalk

Because murder is the charge, not the verdict ...

"Guilty".

I agree, a verdict of murder is unreasonable.

Nah, he's just really getting into 2001: A Space Odyssey.

Link please!

Pretty much.

I'm going the other way, I think the jury is excluding manslaughter on the basis of the defendant's lies, which go to intent.

Error of fact or law, misdirection by judge generally. Returning a verdict within five minutes not a valid ground of appeal to my knowledge.

Re unlawful restraint: just because it might be unlawful doesn't vitiate the person's lack of intent to kill or do GBH. All the evidence points to Allison having scratched GBC's face while he did violence do her (with the intent to kill her). However you asked: "What scenario could fit an...

My hypothetical scenario was simply to demonstrate circumstances in which a jury might return a verdict of manslaughter where they were not satisified that the element of intent had been made out. I'd still wager that he'd take a conviction for manslaughter over a conviction for murder in a...

Thanks kiwi (and others), I was aware of the David Bain trials but had no idea the jury members were behaving that way.

It might be intent. But I never said anything about covering her mouth and nose until she dies. Consider a scenario where he restrains ABC but inadvertently smothers her. It might be intent. But I never said anything about her clawing at him and clearly suffocating. Consider a scenario where he...

No. The restraint might be intended but the consequence of that restraint (smothering leading to death) might not be intended. If intent is not established beyond reasonable doubt, the accused is not guilty of murder. This is why so much hinges on the circumstantial evidence that GBC wanted...