Because I am not sure. I am not dead set on yes or no, so I went with other.
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should she go to jail?
- Thread starter Asguard
- Start date
Because I am not sure. I am not dead set on yes or no, so I went with other.
Asguard, to be honest I don't know much about the law. But isn't manslaughter an unlawful killing without the intent to kill? If someone accidently hits and kills a child in a speeding car, aren't they charged with manslaughter?
If those negligent actions are directly responsible for leading to somebody's death, then yes, there should be a jail term. Do you think it's pleasant, dying from suffocation?
do negligent actions really deserve a custodial sentance or should the whole sentance have been suspended?
If those negligent actions are directly responsible for leading to somebody's death, then yes, there should be a jail term. Do you think it's pleasant, dying from suffocation?
fair enough (just wanted to check before i posted this)
So far we have 8 no's vs 4 yes's at most who actually have taken the judges reasons (rather than there own belief she commited a compleatly different crime) into acount
So 2/3 disagree with the sentancing, interesting
So far we have 8 no's vs 4 yes's at most who actually have taken the judges reasons (rather than there own belief she commited a compleatly different crime) into acount
So 2/3 disagree with the sentancing, interesting
We have 6 yes's, 8 no's...
MH no actually they are charged with culpable driving
as for how plesant the death is im sure that guy who jumped in his washing machine and won the darwin award didnt die happy either, but the manner of death isnt really relivent except in cases of delibrate toucher
as for how plesant the death is im sure that guy who jumped in his washing machine and won the darwin award didnt die happy either, but the manner of death isnt really relivent except in cases of delibrate toucher
Not if they kill someone.
http://stmarys.yourguide.com.au/new...er-trial-for-alleged-street-racer/795963.aspx
http://stmarys.yourguide.com.au/new...er-trial-for-alleged-street-racer/795963.aspx
A TRUCK driver has been ordered to stand trial for the manslaughter of an elderly couple who died when his car hit their vehicle, allegedly during a street race, in Sydney last year.
Ahh, here we go:
http://www.crikey.com.au/Politics/2...motion-should-determine-Towle-sentencing.html
Looks like you might be right... for once.
http://www.crikey.com.au/Politics/2...motion-should-determine-Towle-sentencing.html
In Victoria, historically there was no such offence as culpable driving. Drivers were charged with manslaughter (20 years). It was perceived that juries were refusing to convict because manslaughter was seen by them as too serious an offence for negligent or drunken driving. Culpable driving (20 years) was introduced to solve this problem. In turn, dangerous driving causing death (5 years, soon to be increased to 10 years) was introduced as a lesser alternative. The sentencing problem of Towle where there were multiple convictions for dangerous driving was never contemplated. There was a gap in the law.
Looks like you might be right... for once.
Maybe Victoria should invent a new charge: Culpable BDSM.
In a sense that is beside the point. The judge thought it was not intentional AND sent this person to jail.
That's the definition of manslaughter, isn't it? If you want to ride on the hood of my car, and I go along, and then brake sharply (even to avoid a collision), and you fly off and break your neck, I am guilty of manslaughter. No different from this situation.
Oh, and speaking as somewhat experienced in BDSM myself -- the woman (and probably the man, but we can't know for sure) is an idiot, and should never be allowed within spitting distance of a whip, or manacles! You DO NOT leave someone tied up unattended. Ever.
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