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So if a man stabs his wife four times it's not actually murder if she's leaving him fir another man

(129 Posts)
iPaid Fri 15-Jan-16 20:39:13

It's manslaughter apparently. The poor husband snaps, reaches for a knife and sticks it into her 4 times but isn't found guilty of murder because y'know what's a man to do when he knows his missus has got another chap?

Daily Mail link because my iPad is crashing on other newspapers.

And he'll probably be out in less than 8 years angry

MrsTerryPratchett Fri 15-Jan-16 20:45:25

What is the name so we can search under it for non-DM link?

MammaTJ Fri 15-Jan-16 20:47:34

Yeah, I too would need a non DM link before wanting to read it. I would not want to be turned into a misogynistic cunt while trying to form an opinion on this! grin

iPaid Fri 15-Jan-16 20:47:35

The killer is Jonathon Cudworth.

Pooseyfrumpture Fri 15-Jan-16 20:47:58

Clearly that makes it all ok.

MrsTerryPratchett Fri 15-Jan-16 20:50:02

iPaid Fri 15-Jan-16 20:50:36

Might someone, in those circumstances, who has realised both the deception he has been subjected to and the fact his life was about to be utterly shattered, snap, as Cudworth did? asked his QC.

Any the jury agreed!

StealthPolarBear Fri 15-Jan-16 20:54:21

Why do you think this should be murder? I thought murder was pre meditated

IfItsGoodEnough4ShirleyBassey Fri 15-Jan-16 20:58:44

Murder doesn't have to be premeditated - if you stab, strangle or shoot (etc) someone with the intent to cause gbh and they die then that's murder even if you do it on the spur of the moment. The defence of provocation has been used by wife murderers for ever but I hoped it was being restricted nowadays - apparently not.

Ohfourfoxache Fri 15-Jan-16 20:59:20

Premeditated or not, this is not ok sad

Surely its to do with intended/unintended consequences?

StealthPolarBear Fri 15-Jan-16 20:59:45

Oh ok thanks. I thought eg a death in a pub fight would be mas laughter.

StealthPolarBear Fri 15-Jan-16 21:00:14

No its not ok. I'm not arguing it is.

Lweji Fri 15-Jan-16 21:00:21

Considering how cold he was after killing her and how he got rid of the body and reported her missing, I'd have considered it was premeditated. So, murder.

But the jury would have to be sure it was premeditated beyond reasonable doubt. Hence why they probably were able to agree only on manslaughter.

TPel Fri 15-Jan-16 21:00:37

I saw that and was horrified. Women are still expendable it seems.

StealthPolarBear Fri 15-Jan-16 21:01:14

Fair enough lweji I didn't read that far down

IfItsGoodEnough4ShirleyBassey Fri 15-Jan-16 21:01:14

Premeditation is completely irrelevant under English law.

Iliveinalighthousewiththeghost Fri 15-Jan-16 21:03:02

It is murder IMO, as he used a weapon, obviously with intent.
He clearly lost his mind though when he found out, which I suppose you can understand. But please believe me when I say I most certainly do not condone his actions though.

IfItsGoodEnough4ShirleyBassey Fri 15-Jan-16 21:03:46

...actually that's not quite true sorry Lweji, I was still thinking about SPB's point. Premeditation is irrelevant to whether it's prime facie murder, but it is relevant to the defence of provocation - I think that provocation has to be spur of the moment or you can't claim it as a defence.

Sairelou Fri 15-Jan-16 21:04:37

Absolutely astounded by this, especially with the lengths he went to to cover it up. Manslaughter is punching someone, them hitting their head on something then dying. If you stab someone four times then you are intending to kill them imo.

Lweji Fri 15-Jan-16 21:05:11

Yes, sorry, should have used intent instead of premeditation.

LadyLuck81 Fri 15-Jan-16 21:06:22

It's mens rea that you are looking for in murder I seem to recall from my criminal law lectures many moons ago which is subtly different to pre-meditation.

If be interested to read a full case report before deciding that all women were dispensable etc etc.

iPaid Fri 15-Jan-16 21:07:19

Judge Adele Williams said if they (the jury) believed that Mika threatened to leave him and believed that was the trigger for Cudworth to snap, they could acquit him

So if a woman threatens to leave her husband, he can brutally kill her then cop a lighter sentence because the bitch caused the poor soul to 'snap'.

StealthPolarBear Fri 15-Jan-16 21:07:43

Just Googled. I get it now. So this is clearly murder.
Manslaughter could be hitting someone, intending to hurt them but not anticipating they'd die. Stabbing someone in the chest is more likely than not to cause death. And that's before you add on the cover up

BYOSnowman Fri 15-Jan-16 21:10:46

To me this reads as the old 'crime of passion' defence which I thought was never a defence in this country

If there isn't a retrial (which I guess there won't be) I hope he gets added time for anything they can throw at him (hiding a body is an offence isn't it? And trying to lervert the course of justice by posting on her Facebook?)

WilLiAmHerschel Fri 15-Jan-16 21:11:05

Sairelou that's what I thought manslaughter was too.

Rip Mariola. flowers

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