On 30/12/2011 18:41, ian batten wrote:
On Dec 30, 6:29 pm, Bevan wrote:
The classic excuse "but we didn't intend
to kill anyone" should be debarred as a means of seeking conviction
under a lesser charge such as manslaughter.

But "we didn't intend to kill anyone" is pretty much the definition of
manslaughter: murder requires mens rea, manslaughter doesn't. Not
permitting that defence turns almost all manslaughter cases into
murder. In which case, packing your bag whilst driving through red
signals on a train where the ATC has been isolated becomes murder.

ian

Trying to be too brief led to confusion. I meant the "We didn't intend
to kill anyone" comment to apply mainly to cases like the Elm Park train
"murders". Deliberately damaging railways (for example) is reckless,
dangerous behaviour, which all rational people ought to realise might
have fatal consequences.


Bevan