Smoke screen?

lostinrates

edinburgher wrote: »

But I'd argue that a moron who sets a carpet store/whatever on fire not realising that there's residential properties above it isn't the same as someone who's about to stab you in the street.

Actually IU believe the law has this cvered too....some case to do with eggshell skull...it doesn't matter what your criminal act leads to that you couldn't know about....it still happens to the victim as a result of your action.

StevieJ

lostinrates wrote: »

Actually IU believe the law has this cvered too....some case to do with eggshell skull...it doesn't matter what your criminal act leads to that you couldn't know about....it still happens to the victim as a result of your action.

It is bit like being at the scene of an assault/murder and being classed as responsible for the offence. I am not sure I agree with that.

tomterm8

As I understand it, if you are involved in a criminal enterprise,with another person, and someone dies as a result you are guilty of manslaughter even if you yourself did not personally cause the death. So if you are in a riot, and someone else hits someone over the head and kills them, you are still guilty of manslaughter.

edinburgher

So if you are in a riot, and someone else hits someone over the head and kills them, you are still guilty of manslaughter.

So hundreds of people would be charged with manslaughter? Can't see this happening...

tomterm8

edinburgher wrote: »

So hundreds of people would be charged with manslaughter? Can't see this happening...

From a practical perspective, it is quite a useful tool for the police - tell us the truth, and you'll go down for disorderly conduct and spend a few months in prison. Don't co-operate, and you'll go down for manslaughter.

edinburgher

If you reckon. Alternatively, you'll just have a couple hundred people who say what I did (or their lawyer will).

JWF

tomterm8 wrote: »

As I understand it, if you are involved in a criminal enterprise,with another person, and someone dies as a result you are guilty of manslaughter even if you yourself did not personally cause the death. So if you are in a riot, and someone else hits someone over the head and kills them, you are still guilty of manslaughter.

I think you are correct. If I remember correctly, this law was written to make gang members equally responsible for the actions of others in the gang, I think to try and stop them covering each others backsides so much.

With regards to the use of force, it is only a matter of time before there are multiple fatalities as a result of a fire, so it would seem appropriate to elevate the level of force in some circumstances (ie. where people are setting fires in residential areas) to prevent this happening.Such losses are entirely foreseeable in my opinion and the police are crazy if they do not try to address the situation robustly. I suspect we will see an escalation in the response tonight.