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The Philpotts found guilty

kmilburn
Grafter
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Registered: ‎30-07-2007

Re: The Philpotts found guilty

Intent appears to be everything,  like using gas cylinders as an explosive device, just because they were used to destroy a cach machine and not hidden in a van in the street, it's not terrorism, it's 'criminal damage recklessly endangering life'!
Community Veteran
Posts: 19,251
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Registered: ‎12-08-2007

Re: The Philpotts found guilty

An example that's often quoted is that if you plan to kill someone in advance then it's murder.  If you find your wife having an affair and snap which involves you killing the lover, then it's manslaughter.
kdoug007
Grafter
Posts: 510
Registered: ‎17-05-2012

Re: The Philpotts found guilty

Quote from: gleneagles
Little change really he will still be funded by the tax payer, food, accommodation, TV, etc
I Could think of one way we could reduce the jail population and ensure those convicted of very serious crimes would never be able to do them again.

great  post,,  imagine  15  years  min ...  of  stuck in a  cell...  not  going  shopping..  no  computer!!
no driving  a  car  yuk.
Community Veteran
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Registered: ‎30-08-2007

Re: The Philpotts found guilty

Quote from: Mav
My dad did his jury service at the Old Bailey.
Obviously he never discussed the case(s) with us but he did say he found it very interesting and enjoyed the experience.

I worked with a colleague who was on the jury of a very high profile child murder case (I guess I shouldn't say which one on a public forum, if you really want to know PM me) The trial went on for many months which included site visits to the murder sites. The viewing of vivid and heart-rending photographic evidence, graphic medical evidence over and above evidence from the police and coroners. And of course the cross examinations by prosecution and defence,
After the trial was finished the jury were offered counselling and any other help they needed.
Experience; is something you gain, just after you needed it most.

When faced with two choices, simply toss a coin. It works not because it settles the question for you. But because in that brief moment while the coin is in the air. You suddenly know what you are hoping for.
Community Veteran
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Registered: ‎23-09-2010

Re: The Philpotts found guilty

Quote from: artmo
An example that's often quoted is that if you plan to kill someone in advance then it's murder.

It often seems that stupidity plays a part in the manslaughter or murder "choice".
Community Veteran
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Registered: ‎12-08-2007

Re: The Philpotts found guilty

Seems quite clear really.
Highlighted
Community Veteran
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Registered: ‎20-10-2012

Re: The Philpotts found guilty

Starting a fire at the foot of the stairs with your kids in bed sounds like premeditated!
The obtaining of petrol makes it premeditated surely!
Geoff,
York.
Community Veteran
Posts: 19,251
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Registered: ‎12-08-2007

Re: The Philpotts found guilty

I agree with you there.  I guess there may be another reason for buying the petrol but I don't think that was stated at the trial.
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Re: The Philpotts found guilty

Quote from: nadger
I think the judge's sentencing was well considered as it should rule out chance of appeal against it. 


The Court of Appeal (If they appeal) could easily recommend a longer sentance, it has happened this one failed
kmilburn
Grafter
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Registered: ‎30-07-2007

Re: The Philpotts found guilty

While the act was premeditated,  the outcome that occured wasn't the one intended.
Unfortunately, the fire took hold and spread much quicker than anticipated, and they weren't able to get the kids out as they'd planned.
That's one of the reasons it was treated as manslaughter and not murder.
Another cosideration of the CPS, is the likelyhood of conviction,  sometimes they go for the lesser charge with the higher chance of success.
I've been on a jury, where due to the charge and the evidence, a not guilty verdict was returned,  but a lesser charge may have had a different result.
Community Veteran
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Registered: ‎20-10-2012

Re: The Philpotts found guilty

I guess it all hangs (no pun intended) on the meaning of "malice aforethought"!
Geoff,
York.
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Registered: ‎23-09-2010

Re: The Philpotts found guilty

Like I said stupidity seems to play a big part in the pleading.
Community Veteran
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Re: The Philpotts found guilty

Now apparently the council plan to knock down their house. Why?
It's not structurally damaged at all.
Must their neighbour also be made to suffer for their crimes?
http://www.bbc.co.uk/news/uk-england-derbyshire-22057212
This seems to be a growing trend. One the country can ill afford and makes little sense as virtually every house over a certain age has some death or crime associated with it.
Community Veteran
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Registered: ‎01-08-2007

Re: The Philpotts found guilty

Quote from: billnotben
Now apparently the council plan to knock down their house. Why?

Would you want to live in it knowing six children lost their lives there?
Same reason Fred Wests house was demolished really.
I need a new signature... i'm bored of the old one!
Community Veteran
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Registered: ‎12-08-2007

Re: The Philpotts found guilty

Quote from: billnotben
One the country can ill afford and makes little sense as virtually every house over a certain age has some death or crime associated with it.

Many people would feel ill at ease about living in this house.  As for your statement that virtually all houses over a certain age has crime associated with them is nonsense.  I can't think of any house in this category.