Alinta wrote on Jan 7
th, 2016 at 8:37am:
I can't post the link Cods, but I understand that following the death of the victim, the charge of grievous bodily harm was upgraded to this.(*)
The Bill inserts a new offence into the Queensland Criminal Code, *“Unlawful Striking Causing Death”*. This offence is separate to murder or manslaughter and prevents a person from relying on the accident defence.
Presently the law for accident requires an accused person to raise evidence of the accident but once this is done the prosecutor must disprove beyond reasonable doubt that the accused person intended that the event should occur or foresaw that event as a possible outcome or the Crown has to establish that an ordinary person in the position of the accused person would reasonably have foreseen the event as a possible outcome
it wouldnt be right to CLAIM they intended to kill the person..... but the fact is they did... and their actions brought that death about.....
its more than accidental death....like killing someone in a road accident...where all sorts of things are involved....striking someone is purely INTENTIONAL....you mean to HIT them and probably HURT them.......its violent in the extreme.....and should be treated as such......
when we use some word.. we take away the reality.......meaning a life has been stolen.... "Unlawful"...it demeans the reality.......
we call it manslaughter and fancy names..like Unlawful.....
how about a THUG using
violence causing death......
lets call it what it is....a life stolen by some coward who thinks violence is ok...
they strike from behind...its bordering on murder.......its that close..
bugger what their intention was.......its the result that matters.