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Disturbing Case Highlights a Flaw in the Law, Perhaps?


Stephen Muddie

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Stephen Muddie

A boy's ex-GF lures him to a remote spot so her new fella and his mate can murder him. The two murderers get 23 and 24yr minimum sentences but the arranger of the killings gets 10 years (the maximum for culpable homicide).

Should the law be changed? What do you think? I find it ridiculous that people could potentially order a hit on others and pretend they never intended for murder to happen (otherwise it'd be conspiracy to murder - I'm not a lawyer?) and only get 10yrs or even less if good behaviour inside?  How the judge can say "it's unlikely she'll offend again" is puzzling too.

https://www.thecourier.co.uk/fp/news/local/angus-mearns/904040/she-had-a-trap-laid-for-him-she-is-worse-10-years-not-enough-for-tasmin-glass-say-steven-donaldsons-closest-friends/

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Riddley Walker

It does seem mental from the outset that she only got charged with culpable, which she has been sentenced strongly for I may add, and wasn't charged with conspiracy to murder.

 

She must have either heavily co-operated or launched a defence that she didn't want him to be murdered, only attacked, and the PF accepted it before the trial. 

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AlphonseCapone

I don't know if it's a flaw with the law, like has been said, conspiracy to murder exists. It's a specific case and I'd assume there is a very good reason she only got culpable homicide (always important to remember much more comes out in the court than gets released to public). 

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40 minutes ago, AlphonseCapone said:

I don't know if it's a flaw with the law, like has been said, conspiracy to murder exists. It's a specific case and I'd assume there is a very good reason she only got culpable homicide (always important to remember much more comes out in the court than gets released to public). 

Correct.

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John Findlay

I should imagine she did a deal to turn Queen's evidence. Typical scheming bitch.

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The CPS and Procurator Fiscal would have chosen what to charge her with, according to which charge had the best evidence available and the highest possible chance of a successful conviction.

 

 

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AlphonseCapone

One of the best recent examples of the PF overstretching their evidencial reach and getting burned for it was John Wilson.

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Hugh Phamism

There was a case in the USA recently, where a boy lent his car to a 'mate' who was then involved in a drug deal which went wrong. The 'mate' killed someone and when the case went to court, the boy who lent the car was found guilty (conspiracy?) and jailed for life. Not sure what the actual charge was, but it does show a massive difference in interpretation of laws.

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AlphonseCapone
44 minutes ago, Hugh Phamism said:

There was a case in the USA recently, where a boy lent his car to a 'mate' who was then involved in a drug deal which went wrong. The 'mate' killed someone and when the case went to court, the boy who lent the car was found guilty (conspiracy?) and jailed for life. Not sure what the actual charge was, but it does show a massive difference in interpretation of laws.

 

There's a law called accomplice liability or the like in the USA, this article is interesting;

 

https://www.google.com/amp/s/www.bbc.com/news/amp/world-us-canada-43673331

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51 minutes ago, Hugh Phamism said:

There was a case in the USA recently, where a boy lent his car to a 'mate' who was then involved in a drug deal which went wrong. The 'mate' killed someone and when the case went to court, the boy who lent the car was found guilty (conspiracy?) and jailed for life. Not sure what the actual charge was, but it does show a massive difference in interpretation of laws.

Correct. Many states have similar laws. There was a recent case in Texas where barmaid was arrested for serving alcohol to someone who then committed a mass shooting. Murder-related charges were initially discussed, but I think she was only actually charged with violated state laws around serving bevvy. 

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Hugh Phamism
31 minutes ago, AlphonseCapone said:

 

There's a law called accomplice liability or the like in the USA, this article is interesting;

 

https://www.google.com/amp/s/www.bbc.com/news/amp/world-us-canada-43673331

 

That is some scary shit right there.

 

It looks like the law is Felony-Murder, and your link included a link to the case I was referring to: https://www.nytimes.com/2007/12/04/us/04felony.html

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Stephen Muddie
5 hours ago, AlphonseCapone said:

I don't know if it's a flaw with the law, like has been said, conspiracy to murder exists. It's a specific case and I'd assume there is a very good reason she only got culpable homicide (always important to remember much more comes out in the court than gets released to public). 

Oh I agree, which I tried to express in the OP. But I think it creates a situation whereby a death planner could form a defence based on fallacy, be out in 5-7 years and see that as worthwhile time for getting rid of someone they didn't like. I wasn't acting as judge on this case

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Der Kaiser

Am I culpable if any former Geography pupils I taught kill anyone?

 

Does it have to be Geography related such as they cracked their head open with a globe or deliberately gave them wrong map directions and they drove into a Fjord?

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47 minutes ago, Der Kaiser said:

Am I culpable if any former Geography pupils I taught kill anyone?

 

Does it have to be Geography related such as they cracked their head open with a globe or deliberately gave them wrong map directions and they drove into a Fjord?

 

Premeditated if they use a Fjord Fiesta?

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17 hours ago, Peebo said:

Correct. Many states have similar laws. There was a recent case in Texas where barmaid was arrested for serving alcohol to someone who then committed a mass shooting. Murder-related charges were initially discussed, but I think she was only actually charged with violated state laws around serving bevvy. 

Only? She shouldn't have been charged, at all.

Saying that, did she have a gorilla in the passenger seat of her car.

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1 hour ago, ri Alban said:

Only? She shouldn't have been charged, at all.

She was charged because she served alcohol to someone that she knew she was intoxicated. A clear offence in Texas, regardless of how fair one thinks it is. 

Edited by Peebo
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