Dalain Atkinson

[xsnaggle]

Re: Dalain Atkinson

6 years probably

The prosecution clearly proved that the victim was killed by the actions of the officer rather than by underlying health conditions and that there must have been criminal intent

It sounds like he had a battering

There couldn't have been proven criminal intent to kill.

[SLUDGE FACTORY]

Re: Dalain Atkinson

There couldn't have been proven criminal intent to kill.

There was criminal intent , at the very least , to cause serious injury and there could have been proven criminal intent to kill or he wouldn't have been charged with murder . The CPS must have had enough evidence to charge him with the murder of the victim but the court decided he was guilty of manslaughter, not murder . However this is a very thin line and the reason why people convicted of manslaughter often get very heavy sentences .



Its one step down from murder , the copper would have known what he was doing was going to cause the victim serious injury

That would have been ABH , GBH etc if the victim hadn't died

Clearly the manslaughter verdict is the right one

[SLUDGE FACTORY]

Re: Dalain Atkinson

[QUOTE=William Treseder;5196097]

what a lovely term , nut job

Can you throw in psycho , schizo ?

Dear me[/QUOTE

See here’s the thing. You never give 2 fu*ks for the victims. Your’e always straight in supporting the perpetrator. You’re like a modern day Lord Longford.

Where have you gone ?

[SLUDGE FACTORY]

Re: Dalain Atkinson

They wouldn’t know he was suffering with a weak heart and kidney failure either. Fight or flight. I’m not one to stick up for coppers but I accept his version of events. In the midst of a fight and violent situation there’s no time for rational thought just instinct. I’m sure you would have more sympathy with the copper too if Dalian happened to be a white chavvy ****er acting in the same manner.

He says he used the over ride button because it failed twice previously

Well you accepted the officers version of events which led to him being convicted of manslaughter

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Re: Dalain Atkinson

Why not just leave it to the judge and jury to decide who was guilty of what.

they have done

Guilty

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Re: Dalain Atkinson

Now, now. We all know the courts of justice do not count in the CCMB kangaroo court.

but the real court does eh 🤔

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Re: Dalain Atkinson

Don’t turn this around on me. You quite clearly started this thread playing the race theme and a black man suffering at the hands of the authorities. Don’t deny it. Youre as transparent as Casper.

He kicked him to stop him getting back up. Fight or flight. Coppers should be allowed to use excessive force in the face of violence. In times gone by a good hiding from a copper was a far better deterrent and source of punishment than the politically correct softly softly approach adopted today.

Guilty

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Re: Dalain Atkinson

So I’m a racist for pointing out your double standards when it comes to these matters. Ok.

I’ll leave you to it. You’re too used to having all the happy clappers agreeing with your posts you don’t like someone taking a different viewpoint.

Don’t worry I’m sure Sludge will be along soon. Anti-police, racism and mental health, this is right up his street.

guilty

[SLUDGE FACTORY]

Re: Dalain Atkinson

Says the archtetypal "police are wrong - - the alleged perp had a mental health issue and needed a cuddle"

I'm out!!!!!

guilty

[life on mars]

Re: Dalain Atkinson

The copper stepped well over the line needs a tough sentence , dreadful for the relatives of Dalain to have to re live and listen too

[xsnaggle]

Re: Dalain Atkinson

There was criminal intent , at the very least , to cause serious injury and there could have been proven criminal intent to kill or he wouldn't have been charged with murder . The CPS must have had enough evidence to charge him with the murder of the victim but the court decided he was guilty of manslaughter, not murder . However this is a very thin line and the reason why people convicted of manslaughter often get very heavy sentences .



Its one step down from murder , the copper would have known what he was doing was going to cause the victim serious injury

That would have been ABH , GBH etc if the victim hadn't died

Clearly the manslaughter verdict is the right one

there may have been alleged criminal intent but it was clearly not proven.
Also a charge and conviction for manslaughter means it was found that he had no intent to kill the victim and that the death was unforeseen.
If there was , in the eyes of the jury, intent to seriously injure he would have been charged with GBH with intent which carries a maximum penalty of life imprisonment and is actually a more serious charge than manslaughter.
This what happened to a neighbour of mine in the N East of England. He deliberately beat his partner and she died. But the autopsy found that she may have died at any moment because of another unassociated condition, but he was not charged or found guilty of manslaughter because that implies the death was as a result of his actions but he did not intend to kill, and there was no intent to seriously injure, and no malice, just stupidity or neglect. He was charged with GBH with intent, which implied he intended to at least seriously injure her, because that is the more serious charge and reflects his criminal intent to seriously injure. He was found guilty and got 10 years.
Part of the definition of manslaughter from the Cambridge dictionary:-
"Manslaughter involves the killing of another person, but it's distinct from the crime of murder. ... Manslaughter is an unlawful killing that doesn't involve malice aforethought—intent to seriously harm or kill, or extreme, reckless disregard for life."

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Re: Dalain Atkinson

there may have been alleged criminal intent but it was clearly not proven.
Also a charge and conviction for manslaughter means it was found that he had no intent to kill the victim and that the death was unforeseen.
If there was , in the eyes of the jury, intent to seriously injure he would have been charged with GBH with intent which carries a maximum penalty of life imprisonment and is actually a more serious charge than manslaughter.
This what happened to a neighbour of mine in the N East of England. He deliberately beat his partner and she died. But the autopsy found that she may have died at any moment because of another unassociated condition, but he was not charged or found guilty of manslaughter because that implies the death was as a result of his actions but he did not intend to kill, and there was no intent to seriously injure, and no malice, just stupidity or neglect. He was charged with GBH with intent, which implied he intended to at least seriously injure her, because that is the more serious charge and reflects his criminal intent to seriously injure. He was found guilty and got 10 years.
Part of the definition of manslaughter from the Cambridge dictionary:-
"Manslaughter involves the killing of another person, but it's distinct from the crime of murder. ... Manslaughter is an unlawful killing that doesn't involve malice aforethought—intent to seriously harm or kill, or extreme, reckless disregard for life."

Thanks for that , I stand corrected

I find it bizarre that booting someone twice in the head is not intended to seriously harm someone or doesn't show a reckless regard for life ?

If the case is as it is then the police and cps would have been better off charging the officer with GBH with intent if the conviction is a more serious one and the sentence is harsher

But the family have got justice with a manslaughter conviction and he's looking at 5 plus years I would think

[Hilts]

Re: Dalain Atkinson

Thanks for that , I stand corrected

I find it bizarre that booting someone twice in the head is not intended to seriously harm someone or doesn't show a reckless regard for life ?

If the case is as it is then the police and cps would have been better off charging the officer with GBH with intent if the conviction is a more serious one and the sentence is harsher

But the family have got justice with a manslaughter conviction and he's looking at 5 plus years I would think

Dont thank him. Hes not right.

Maximum sentence for Manslaughter is life.

If Dalian survived this assault hed probably been charged with GBH with intent.

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Re: Dalain Atkinson

Dont thank him. Hes not right.

Maximum sentence for Manslaughter is life.

If Dalian survived this assault hed probably been charged with GBH with intent.

Well let's be straight here

This is the first conviction of this type for 30 years

Either people getting a beating have faked their injuries or there are quite a few police officers walking round scot free 🤔

[Hilts]

Re: Dalain Atkinson

Im pretty certain that as Dalian died after this horrific assault that GBH with intent wasnt an option.

Ultimately a jury thought they couldnt convict on murder but agreed on Manslaughter.

Of course you can get a longer sentence for GBH with intent.

You can also get the longer sentence for Manslaughter depends on the crime committef. Its up to the judge to decide.