Coffin assault trial

R13... said:
I think the judgement is harsh, but if the victim genuinely believed (by action and word from the perps' mouths) that they were trying to murder him then there's a case for them to be found guilty of attempted murder. They must just appeal to a higher court for the evidence to be examined and properly found if the lower court judge was swayed by public outrage.
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I think you and I have a completely different understanding of the term "Attempted Murder"

For it to be attempted murder their actions should have been of such a nature that could have led to the death of a person. I hardly recall a person ever dying from being told they will kill him :o
 
Pitbull said:
I think you and I have a completely different understanding of the term "Attempted Murder"

For it to be attempted murder their actions should have been of such a nature that could have led to the death of a person. I hardly recall a person ever dying from being told they will kill him :o
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Until we have the legal definition and the court record we won't know. As I said imo the charge should have been intimidation along with the kidnapping and assault
 
R13... said:
Until we have the legal definition and the court record we won't know. As I said imo the charge should have been intimidation along with the kidnapping and assault
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Kidnapping and common assault I fully agree. Intimidation... not so much, he was trespassing.

But Attempted Murder, and a Judge found them guilty? It's a farking joke and will lead to these guys getting off Scott free on appeal of that I'm pretty sure. There was a case a few years ago where a guy was assaulted at a garage and he broke his back falling on the curb. He was left paralysed. The attackers where charged with attempted murder (which it obviously was not) and they got off Scott free... That was a stronger case for attempted murder than this case would ever be :o
 
R13... said:
Until we have the legal definition and the court record we won't know. As I said imo the charge should have been intimidation along with the kidnapping and assault
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Exactly the point. I had scum shout they were going to kill me during a break in (and trust me I believed it) - they were never charged with attempted murder, just the usual B and E charges *shrug*
 
Pitbull said:
Kidnapping and common assault I fully agree. Intimidation... not so much, he was trespassing.
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It is still intimidation even though he was trespassing. It is not for them to decide. If they killed him they'd be up for murder unless they could prove self defence or defence of other's life.
 
R13... said:
It is still intimidation even though he was trespassing. It is not for them to decide. If they killed him they'd be up for murder unless they could prove self defence or defence of other's life.
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Again, from my understanding you as a visitor (trespasser) can not be intimidated by someone who owns the property, you can however intimidate them. As they can't leave it's their property, you as the "visitor" can. However, being kidnapped I think muddies the water a bit. So I would agree with you.
 
Pitbull said:
Again, from my understanding you as a visitor (trespasser) can not be intimidated by someone who owns the property, you can however intimidate them. As they can't leave it's their property, you as the "visitor" can. However, being kidnapped I think muddies the water a bit. So I would agree with you.
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Intimidation is the only argument you can make against attempted murder. Them putting him in the coffin and threatening to set it on fire is intimidation - unless they truly meant to set it on fire and see what happened in which case the judge is right to find them guilty of attempted murder.
 
R13... said:
Intimidation is the only argument you can make against attempted murder. Them putting him in the coffin and threatening to set it on fire is intimidation - unless they truly meant to set it on fire and see what happened in which case the judge is right to find them guilty of attempted murder.
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650 posts.... was there petrol where the incident took place ?
 
R13... said:
I think the judgement is harsh, but if the victim genuinely believed (by action and word from the perps' mouths) that they were trying to murder him then there's a case for them to be found guilty of attempted murder. They must just appeal to a higher court for the evidence to be examined and properly found if the lower court judge was swayed by public outrage.
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BS it has nothing to do with the victim's believes.
Our law works on intent. They let him go without a scratch, without actually lighting a fire, he was never in any real danger. Their intent to only scare him is pretty clear.
 
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