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to think this should have been murder? Warning: potential triggers. Distressing content. [title edited by MNHQ]

371 replies

wannaBe · 25/07/2014 16:57

\link{http://www.bbc.co.uk/news/uk-scotland-28483061\warning, distressing content}
So it's culpable homicide because she didn't mean to kill him? ok then. Hmm I hope there is a special place in hell for people like her.

OP posts:
GretchenWiener · 25/07/2014 20:06

yes i found it easily hold on

Groovee · 25/07/2014 20:07

Natural Causes

PotatoesPastaAndBread · 25/07/2014 20:07

"Mikaeel had more than 40 separate injuries to his body, including bruises to his back, chin and cheek, trauma to the brain, haemorrhage in the spinal cord and injuries to his arms."

She beat him on Sunday, again on Monday when he was sick again, he died on Tuesday, after he become listless and unresponsive. She didn't take him to a doctor because of the bruising. That's not only spontaneously "snapping", that's prolonged torture. She beat him AND she didn't respond to his deterioration.

The poor, poor boy.

Pinkrose1 · 25/07/2014 20:08

What did this mother think? He would get up next day and be fine?

There needs to be a system where they are charged with murder and the judge can direct but let the jury decide. It would have been murder then.

It's absurd there is an either they cop for a lesser charge or they will walk free.

Nicknacky · 25/07/2014 20:09

Ah thanks for that, I stand corrected.

BlueThursday · 25/07/2014 20:09

Plus of course we have Not Proven; a jury may decide that verdict

gordyslovesheep · 25/07/2014 20:10

no it's called charging people based on the evidence - you can't convict someone without evidence to back it up - obviously in this case there wasn't enough to go for a murder charge - not enough for the CPS to believe a jury WOULD convict

TurboWithAKick · 25/07/2014 20:12

There's no jury in this case

Theresa Riggi case was awful! But she had a better life at Rampton than any prison

Nicknacky · 25/07/2014 20:13

Slightly pedantic and makes no real difference but with no CPS in Scotland its the Cown Office and Procurator Fiscal Service (COPFS) which generally gets abbreviated to PF.

splendide · 25/07/2014 20:30

I don't know why people are saying she'll be killed in prison. We're actually pretty good at protecting inmates in this country, thankfully. Are child killers often murdered in prison? I'm not aware of any cases.

weatherall · 25/07/2014 20:33

The test for murder in Scotland is 'wicked recklessness'. This is different from England. It means you could theoretically have the same act in the different jurisdictions classified as different crimes.

Murder, to me means premeditation, or a non premeditated killing where the perpetuator gives no consideration as to whether their victim will live or die (eg random shooting spree or stabbing someone and leaving them to bleed to death). In this case I assume the legal decision has been that she didn't think his injuries were serious enough to kill him.

DiaDuit · 25/07/2014 20:33

What did this mother think? He would get up next day and be fine?

Possibly, if she'd done it before and he had been fine after a few days. Sad

weatherall · 25/07/2014 20:34

Splendide- Ian Huntley was attacked in prison I think.

TurboWithAKick · 25/07/2014 20:35

slendide I'm delighted to say colin hatch was murdered in prison. I have personal reasons for being 'delighted' tho

Nicknacky · 25/07/2014 20:35

I don't think anyone has said she will be killed in prison but she will get a hard time.

I can think of several cases where prisoners are killed in prison, not necessarily child killers though.

Groovee · 25/07/2014 20:37

Theresa Riggi was moved due to attacks, Ian Huntley was attacked at one point.

splendide · 25/07/2014 20:39

Lots are attacked I guess, very rare to be murdered. I was also thinking of women.

Do people really think that kind of attack is a good thing? A sort of survival of the the fittest?

TurboWithAKick · 25/07/2014 20:40

Colin hatch was killed by Ian huntleys attacker

Nicknacky · 25/07/2014 20:41

I wouldn't call it rare for a prisoner to be murdered but it's not an every day event certainly.

I don't think any kind of attack is a "good thing". Does anyone?!

Nicknacky · 25/07/2014 20:43

Turbo, please don't mind me asking but was he on a kind of mission of attacking child killers? Or was there other prisoners that you know of?

splendide · 25/07/2014 20:43

Yes, some people on this thread do. Anyway didn't really mean to derail.

TurboWithAKick · 25/07/2014 20:47

Damian fowkes... Not a nice character. Killed one and attacked the other. Think he was on a bit of a mission to kill child killers

RinkyTinkTen · 25/07/2014 20:55

I find it unbelievable that it wasn't murder, but what I find even more unbelievable is that a mother can do that to her own child. It genuinely tears at my heart to think of what that poor little boy went through. Hmm

shockinglybadteacher · 25/07/2014 21:01

AFAIK it was decided that she has a history of suffering from depression but was fit to stand trial (obviously). Her defence will pull together a mental health report before sentencing.

This one seems to be a bit different from murder because he did manage to live for several days and she did not clearly wish him to die - as a PP said she had very probably given him beatings before sadly, which he did not die from. We never hear all the detail, as is right.

It's like if two men fight in the street, outside a pub say and there is drink taken, and one man punches another and kills him. That is culpable homicide because he did not intend that his blow would kill the man, but he has killed him. (I think this is right)