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cods wrote on Aug 9
th, 2014 at 10:45am:
e:
aussie is well known for supporting those who have been found guilty of a CRIME....
You will not find one post of mine where I have done so
Sorry Walter...it seems this has become the current Daniel Morcombe Thread. Here is some more of the Prosecutor's Address to the Jury:
Click here.
I reckon this bit highlights why there are the ancillary charges of lesser offences. It is all about whether the Crown have proven an intent to kill, or the commission of an act likely to cause death or grievous bodily harm.
Quote:
Mr Byrne said, if the jury, could not find intent, then they should assess whether Mr Cowan could foresee Daniel's death as a consequence when he grabbed him around the neck to stop him escaping.
He said they could also convict on murder if they assessed an ordinary person who applied for the force around Daniel's neck with sufficient time for him to lose consciousness and die could have foreseen death as a real possibility.
Lots of questions........enough to establish reasonable doubt?
I reckon this will be the nub issue. The guts of the Crown case is the 'confession' (clearly one made under an obvious inducement) and that the remains were found NEAR to where Cowan said they would be.
There is zero scientific evidence as to cause of death.
All we have is (a) the death and (b) what Cowan said about what happened,
which went nowhere near establishing an intent to kill or to do an act likely to cause death or grievous bodily harm.
I guess having a dead body doesnt prove its dead.