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Old 12th March 2008, 2:49pm   #11
StuntGirl
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Re: Girl Murdered Because 'She was dressed like a goth'

Quote:
Originally Posted by LesMTS View Post
It will be whatever they call culpable homicide in England. Voluntary manslaughter?
There has to be intent for a murder conviction, I think.
I dont think they would argue Voluntary Manslaughter if there wasnt intent. Arguably though, he could say that he didn't intend to kill the girl and that would be a basis for involuntary manslaughter, i think. There's arguably a case for dimished criminal liability here, if he can argue that he didn't know he was taking part in a murderous assault. This was shown in a similar case recently, although this was in Scotland. However, if there isn't suffcient mens rea then there cannot be a murder conviction
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