I didn't hear the judge explain how he found that CD had the specific mens rea for murder. 'Conscious and voluntary' is not sufficient. It might have been in what I missed after the streaming stopped. Otherwise, ground for appeal? I thought the lawyer's choice of words was interesting when he said that CD had always maintained his innocence of the crime of which he was convicted . . . not that CD was innocent of killing Lyn. I can think of a possible manslaughter scenario: he overdrugged her to avoid the sex part of their sexy celebration, not with the intention of killing her or inflicting grievous bodily harm. Perhaps I should add, I don't believe that happened. I believe it was murder.
Way back, the manslaughter charge would have been floated. That was the time for Dawson to ante up, break down,, tell all, proffer the body, etc.. There was no provision in a judge only trial to consider both murder, manslaughter, criminal negligence, etc etc etc.. Dawson maintained his position re innocence, he chose a judge only trial, and thats how it goes.
For manslaughter , he has to admit she's dead, that he killed her, however he did it, that he interfered with her corpse, by moving it and hiding it , by civil disobedience reporting her missing, when he knew where she was because he put her there., and so on..
He cannot go back now and say, well. ... as a matter of fact, I just remembered I did knock her around a bit and... ,
He would have to prove , to a judges satisfaction that everything he has said up until now is a lie, and it was all a bit of fun and games that went wrong. He has managed to satisfy a judge that he is lying, has lied, but also, as Harrison pointed out, it wasn't just that he murdered Lynn was one explanation, it was the
only explanation that fitted all the criteria, and left no room, none at all, for doubt about that conclusion.
On appeal, he has to provide evidence that it was all a terrible mistake. .... this will be in direct opposition to the Harrison's formed view that there is no other explanation that can be rationally believed. He was firm on this, no other explanation at all.
Dawson took a gamble. He could have admitted it, it was an accident, he was frightened, he 'll plead guilty to manslaughter,.... but he refused.. he chose not to have a Jury trial.. He did not enter the witness box ( I know , this is not to be taken as guilty, but Dawson had nothing to lose by the time this went to trial ,) he should have gone up and been cross examined, if it was manslaughter.
But he didn't. He went for broke, and broke is what he got!..