If i used a batton to push a man to the ground and he died, would it be murder?

finglas9

Murder is "THE DELIBERATE INTENT TO TAKE A LIFE" There must be "mense rea" and "actus rea".
Mense Rea = It was in your mind to kill.
Actus Rea = You carried out the act.
A Barrister must prove both to convict you.
However I can see the clever intimation in your question.
was it in the mind of the police officers when they put on their uniforms that morning ?? I am not saying officers deliberately whent out to assault people. But they know their own dress order !!
It seems as if it was only members of the specialist unit for riot control who did not wear ID ensignia. makes you think. ??
I have been in many a serious incident involving violent prisoners (34 years) and never once did i even take my Baton out of its holder.

Ben

No.

Murder is the unlawful killing of a reasonable creature in being, with malice aforethought express or implied (as stated by Lord Coke).

Simply put, it requires an intention to kill or intention to cause GBH (really serious harm (DPP v Smith)) which you wouldn't have, unless you specifically set out to kill or cause GBH.

You would be charged, most likely, with unlawful act manslaughter, which does also carry a maximum of a life sentence, although not a mandatory one as is the case with murder.

Note: to the guy at the bottom; it's mens rea and actus reus, not mense rea and actus rea.

taxed till i die,

No and no.

Elijah

Are you a British police officer who was involved in "policing" the G20 demonstrations, by any chance?

emanwelgwent

No - you'd lack the necessary intent.

However, the Met police officer I believe you have in mind is not suspected of murder, but of manslaughter. At geuss (because this has not be reported) they have in mind Involutnary Manslaughter by a dangerous and unlawful act.

Use force, particularly involving a weapon (such as a baton), without legal justification, is an unlawful act. Clearly, the act of physically attacking someone is dangerous. As it stands, it is not necessary for the defendant to have forseen that a death might result, only necessary that a death did result (though that is not yet proven conclusively).

If any other person had run up behind poor Mr Tomlinson and knocked him off his feet, they would be under investigation. I've seen the video of the attack, I'm sure by now everyone has, and I can't see any reason for it. Mr Tomlinson was no threat to the police, he was walking away, he was not committing any offence. Walking away too slowly is no legal justification for that sort of attack.

lizzee

did u mean to push the button..........

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