I was just looking up the definition of manslaughter and found this which is pretty inciteful.
"Unlawful act manslaughter is charged when death occurs due to a criminal act which a reasonable person would realise must subject some other person to at least the risk of some physical harm. It doesn’t matter whether or not the offender knew that the act was unlawful and dangerous or whether harm was intended. This is by far the most common type of manslaughter with around 100 offenders being sentenced annually. It often involves deaths that come about as a result of assaults, a typical scenario being the so-called “one punch” manslaughter."
So the jury can only convict on that if they conclude a reasonable person would consider the rape was bound to result in Libby becoming subject to a risk of physical harm. They'd have to conclude PR raped her and that her coming to harm (not necessarily death) was foreseeable.
Those of you who feel there isn't enough to show he deliberately killed her or deliberately caused her physical harm (ie murder), would you be any more sure he left her in such circumstances? If you're thoughts are that you simply don't know what happened, hence it's not guilty to murder, won't that mean you have to go not guilty to manslaughter as well?
Or, can you see yourself in practice thinking I still don't know what happened, but he merits something more than just a rape conviction so I'll give him one for manslaughter regardless?
In my submission, harm is probably not foreseeable if as he claims he left her in the road. You'd thus have to be comfortable in concluding that was a lie for a start. You'll then have to consider whether you are satisfied he chased and or raped her in the park and left her in peril (manslaughter), he chased or raped her in the park and intended to kill or seriously harm her (murder), or if you're just not sure what happened it'd be not guilty to both.
So in practice is it going to be easier to convict for manslaughter, or does it involve the same difficulties as with the murder charge?
Manslaughter explained – Sentencing.