Question re murder vs manslaughter in this particular case:
[apologies for asking here rather than trying to research myself; I'm not being lazy, I just have a very poor internet connection at the moment with most sites timing out, so it's quicker to ask you knowledgeable lot in one post!]
What scenario might the jury have in mind if they were to find for manslaughter not murder?
My understanding thus far is as follows, but I feel like I'm missing something:
1. Libby dies during the course of the rape or as a direct result of the rape = obviously murder
2. Libby dies having fallen into the river while actively trying to escape PR = murder due to the chain of events (I used to think this would have been manslaughter, but thanks to the links/input on this thread I now understand differently)
This might actually be manslaughter, as perhaps he didn't intend to kill her, didn't intend any GBH, and didn't foresee her death - The distinction can get a bit technical, as you can still get a steep sentence for manslaughter
3. Libby is left alive by PR, distressed or unconscious, very close to the river but not heading towards it (eg sobbing on the ground, I know it's a horrible image, sorry) - so she is not actively trying to escape - but she then stumbles around in the dark after he has gone. Is that where the manslaughter would come in? That he caused her death due to his reckless and criminal actions, but not directly enough to be murder?
I posted before that this would be a difficult question. I think if he raped her, incapacitated her, and left her to die on the ground, that would be manslaughter. Same if he chased her into the river. But if she blunders into the river much later after she left? Borderline IMO.
4. Libby is left alive by PR *outside the park* and then for whatever reason she stumbles into the river some distance away - presumably this would be not guilty, as it's stretching the chain of events too far, no?
Yes IMO.
If I'm wrong that something like #3 would be manslaughter, can someone explain better?
If that's roughly right, then I'm stuck on how the jury could consider manslaughter, because they (and we) cannot possibly know that #3 happened as opposed to #2?
I think this is where the trial tactics kick in.
The prosecution are all in on murder. The defence are all in on not guilty. So no one is alleging manslaughter - so that makes it hard for the jury to reach that verdict unless the judge weighs in on it.
In practice the prosecution are saying if it wasn't murder, then it is all too uncertain to say what it was.
[For absence of doubt: I like probably everyone here hold PR *morally* responsible for Libby's death, but based on the little we've seen from court, I'm not necessarily convinced that murder has been proven beyond reasonable doubt. Hence why I'm interested in what the jury would need to believe in order to find for manslaughter. ]
In this respect it is a bit of a strange case, where he certainly caused her death but might walk.