Friday, April 17, 2009

Ian Tomlinson: Murder Not Manslaughter?


In English law murder does not require an intent to kill. The following will also suffice:

(a) an intent to cause grievous bodily harm; or

(b) grievous bodily harm is the virtually certain consequence of the perpetrator's act.

The news that Ian Tomlinson died from internal bleeding seems to me to mean that investigation of the unknown police officer only for manslaughter is inadequate. A murder charge should not be ruled out at this stage.

TOPIC FOR DEBATE

Manslaughter would be an example of undercharging that would not be countenanced if the offender were not a police officer.

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