Dalain Atkinson

[xsnaggle]

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

I agree with you. The initial tazering may have been reckless but without deliberate intent but the subsequent kicking was clearly intentional and he must had had reasonable knowledge that his actions could or would cause serious injury, kicking someone in the head with a police boot (Probably steel toecapped but I don't know) is not likely to be harmless.
GBH with intewnt would for me have been the obvious route.
Either CPS didn't think there was a chance of conviction on that or maybe the colour of the clothes he was waring coloured their thinknig too

[xsnaggle]

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.

The point is one shows intent clearly. It was an option because there was a question that his condition may have contribute to his death.

[xsnaggle]

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.

I am right, GBH with intent also carries a life tarrif and a conviction is more likely to carry a harsh penalty than manslaughter, purely because of the intent. The survival of the victim is not necessary for GBH. As I say, there was an attempt to show that there may have been other causes for his death and if accepted by the jury would have resulted in an acquittal for manslaughter, but a charge of GBH would still have stood up.

[Taunton Blue Genie]

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.

The Law recognises that 'excessive force' is....er.....excessive i.e. beyond which is necessary.

[Hilts]

Re: Dalain Atkinson

I am right, GBH with intent also carries a life tarrif and a conviction is more likely to carry a harsh penalty than manslaughter, purely because of the intent. The survival of the victim is not necessary for GBH. As I say, there was an attempt to show that there may have been other causes for his death and if accepted by the jury would have resulted in an acquittal for manslaughter, but a charge of GBH would still have stood up.

Yes but Dillan died. Im pretty certain GBH with intent wasnt an option.

Theyve cleared him of murder.

They cant then go to GBH with intent as if hes intended to do serious harm surely he gets convicted of murder.

Theyve agreed on Manslaughter.

[SLUDGE FACTORY]

Re: Dalain Atkinson

you hear all the time about blokes being given a beating outside a nightclub , they go into a coma and then the police announce the person has died and the enquiry is now one of murder

8 months later the person who admits the assault ends up being convicted of manslaughter

So the issue on intent clearly comes in . This copper clearly didn't intend to kill the victim but he was seen kicking the man at least twice in the head .

The court must have been presented with medical evidence that the cause of death was trauma leading directly to his death due to him being kicked and beaten ?

Otherwise the officers actions would not have caused his death and he couldn't have been convicted of manslaughter ?

[Taunton Blue Genie]

Re: Dalain Atkinson

you hear all the time about blokes being given a beating outside a nightclub , they go into a coma and then the police announce the person has died and the enquiry is now one of murder

8 months later the person who admits the assault ends up being convicted of manslaughter

So the issue on intent clearly comes in . This copper clearly didn't intend to kill the victim but he was seen kicking the man at least twice in the head .

The court must have been presented with medical evidence that the cause of death was trauma leading directly to his death due to him being kicked and beaten ?

Otherwise the officers actions would not have caused his death and he couldn't have been convicted of manslaughter ?

Sentences that read like statements but with question marks at the end always confuse me.....

[SLUDGE FACTORY]

Re: Dalain Atkinson

I am going to kill you or give you a good beating is not the same as going out and giving someone a good leathering or walking into a shop , buying a butcher knife and going round to the house of the bloke who has been boffing your wife and stabbing him 30 times

[Taunton Blue Genie]

Re: Dalain Atkinson

I am going to kill you or give you a good beating is not the same as going out and giving someone a good leathering or walking into a shop , buying a butcher knife and going round to the house of the bloke who has been boffing your wife and stabbing him 30 times

Thank you, Judge Sludge.

[SLUDGE FACTORY]

Re: Dalain Atkinson

Sentences that read like statements but with question marks at the end always confuse me.....

I am looking for legal direction

[SLUDGE FACTORY]

Re: Dalain Atkinson

Thank you, Judge Sludge.

well its basic and written in a language we can all understand

Call it common law

[Taunton Blue Genie]

Re: Dalain Atkinson

well its basic and written in a language we can all understand

Call it common law

Common Law is that which is defined by precedent.

[SLUDGE FACTORY]

Re: Dalain Atkinson

Common Law is that which is defined by precedent.

Double Dutch to me

[Taunton Blue Genie]

Re: Dalain Atkinson

Double Dutch to me

You have just received a good leathering (although the term is ill-defined in law).

[SLUDGE FACTORY]

Re: Dalain Atkinson

You have just received a good leathering (although the term is ill-defined in law).

I define what constitutes a good leathering

This isn't one