+ Visit Cardiff FC for Latest News, Transfer Gossip, Fixtures and Match Results |
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
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
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.
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.
As I said in my original reply to sludge, my next door neighbours partner died, but he was charged with GBH and convicted.
The reason is if the defence puts up a case that the person had some underlying condition that means they may have died at any time from that, then it is difficult to prove that the beating was the direct case of death.
A person can say, "I intended to beat the victim to teach him/her a lesson but I never intended to kill anyone" and if the jury accepts that he is off free.
However if the charge is GBH he cannot make that defence so the likelihood of a conviction is greater/
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 ?
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
Fair play if Atkinson had ever played for us the various spellings of his first name would rival Boothroyd, Risdale etc
https://www.bbc.co.uk/news/uk-englan...shire-57595434
Unable to reach a verdict on 2nd officer.