'He killed girlfriend due to emotional pain', court told

[Badjelly]

...I was under the impression that manslaughter was essentially for something that resulted in death where there was no actual intention of that outcome. e.g. punching someone, knocking them to the ground, they hit their head and die as a result of the injury....

Caveat: I am not a lawyer

Both murder and manslaughter are forms of culpable homicide. You are guilty of culpable homicide if you have killed someone and either intended to cause death or intended to cause serious harm and were reckless as to the possibility of death resulting from your actions. (I'm not sure if that's exactly right, but it's close enough.) So the situation you describe might well be murder.

There are various defences against the charge of murder. Self defence is a complete defence: if you kill someone, but were justified by an pressing need to defend yourself (or maybe someone else) then you may be found not guilty of murder or manslaughter. Provocation is a partial defence: it reduces murder to manslaughter. To claim provocation there are various tests: there must have been a provocative act (but maybe just some harsh words) and it must have caused the offender to lose self control (whatever that means), but furthermore it must have been sufficient to cause a person with ordinary powers of self control to lose self control. To reject a defence of provocation, the jury must be satisfied beyond reasonable doubt that the provocation did not meet these criteria.

So you're on a jury, you know the killing has been preceded by an argument in which harsh words might well have been said. You have to decide whether these harsh words did cause a loss of self control and been sufficient ... etc. Can "You shot me, you bastard!" be claimed as provocation for a second, fatal shot? Not easy.

[oldrider]

Can't find the previous thread about this trial!

That jury should have been back almost instantaneously. "Guilty of murder"

The way the Judge lead the jury before retiring sounds to me like the low life bastard is going to get off with manslaughter!

Where do we get these soppy bloody judges from?

I have no trust in the jury system and now I have even less faith in our Judges!

[98tls]

Bit like the 12th time drunk 16th time disqualified driver on tv tonight,he gets 9 months.....wow what a hardship.

[ynot slow]

Yep he wanted to plead guilty to Manslaghter,prosecution should have said ok,but chuck him away for maximum non parole,insstead a trial at expense and a judge telling the jury he should be not guilty of murder,but manslaughter.Sometimes you gotta wonder.

[The Duck 01]

Can't find the previous thread about this trial!

That jury should have been back almost instantaneously. "Guilty of murder"

Plus 1

And whats more we have had to watch it on the news every night.

Haven't the main stream media got better things to report on than a GUILTY BUGGER that is sick as to believe he did it in self defence.

Why waste good money with a trial.

The state could pay to put corners back on NZ roads. They have buggered that to in the name of Safety.

Rant Over

[Pussy]

I reckon he has tried to play the "Antonie Dixon" card.
Guilty as sin of murder IMHO

[Indiana_Jones]

His dad did it when he was having a shower.

Honest.

Joe believes him.

-Indy

[riffer]

I reckon he has tried to play the "Antonie Dixon" card.
Guilty as sin of murder IMHO

well with luck he'll meet the same fate.

[boostin]

Can't find the previous thread about this trial!

That jury should have been back almost instantaneously. "Guilty of murder"

The way the Judge lead the jury before retiring sounds to me like the low life bastard is going to get off with manslaughter!

Where do we get these soppy bloody judges from?

I have no trust in the jury system and now I have even less faith in our Judges!

What exactly did the judge do that was so bad? I have only read on Stuff.co.nz and that just says she said something along the lines of "You must reach your decision uninfluenced by prejudice or sympathy,"

Yep he wanted to plead guilty to Manslaghter,prosecution should have said ok,but chuck him away for maximum non parole,insstead a trial at expense and a judge telling the jury he should be not guilty of murder,but manslaughter.Sometimes you gotta wonder.

The judge told the jury that he should not be guilty of murder? Really?

[short-circuit]

well with luck he'll meet the same fate.

Nah he'll get what he gave - stabbed 200 times (up the arse with multiple phalluses)

[Mikkel]

They should reintroduce public hangings...

Just look at the entertainment value - not to mention the potential profit from the pop-corn and beer sales.

:sigh:

[Skyryder]

Can't find the previous thread about this trial!

That jury should have been back almost instantaneously. "Guilty of murder"

The way the Judge lead the jury before retiring sounds to me like the low life bastard is going to get off with manslaughter!

Where do we get these soppy bloody judges from?

I have no trust in the jury system and now I have even less faith in our Judges!

The Judge has to give the jury clear instructions as to what constitutes the difference between manslaughter and murder. Any bias or clear misinformation on legal matters and the defence may have grounds for appeal.

He'll go down for murder. Two hundred plus along with the mutilation has sealed his fate.


Skyryder

[Maha]

They should reintroduce public hangings...

Just look at the entertainment value - not to mention the potential profit from the pop-corn and beer sales.

:sigh:

Hell yeah, live on TV too, so we can all take the time to watch.

[James Deuce]

If he gets done for murder, there won't be a story in it, no diverting entertainment, no morning tea rants, no millions of words on Internet forums and the Sensible Sentencing Trust will be left without a platform.

[YellowDog]

Agreed. Yes the way I heard it was that the judge was only explaining the difference to them.

I would be extremelty surprised if the jury find that all 216 stab wounds were the result of provocation.

It is unfair for us to judge him when he do not know the full story.

BUT what a complete fucking nutter. He is not saying he didn't do it, he is just saying that he was driven to doing it. What I don't understand is how he forgot to mark himself with stab wounds and then plant the scizzors in her by now cold hand.