Radical Muslims who attempted to murder get just 2/4/5 years (UK)

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CannedWorms

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#51 CannedWorms
Member since 2009 • 3381 Posts
[QUOTE="CannedWorms"]They talked about killing him and the injuries they caused could have killed him. Attempted murder in my eyes and most rational people I imagine.Ninja-Hippo
No, it isn't. How many times does it need to be said? They didn't talk about killing him. Had they talked in certain terms about intent to murder they'd be charged with conspiracy to commit murder. They didn't do that. They used the word 'kill', but the word is used colloquially ALL THE TIME when people are angry with others. It's a term used on a daily basis. "He cheated on my sister!? I'm gonna kill him!" ZOMG ATTEMPTED MURDER! No. They didn't attempt to murder him. They gave him a horrible beating, but they stopped way short of killing him. How do we know that? Because if there was any credible indication that they wanted him to die from the beating the prosecution would have slapped them with attempted murder. If you feel you know better than the prosecution who tried the damned case, go ahead and write them a letter of complaint.

My lack of faith in the UK law makes me doubt everything they say. I won't believe a word. If you hit someone round the head with a metal pole and a brick which results in a broken skull, that is ATTEMPTED MURDER. Simple as that. We have been complaining about the legal system for years, what will a bloody letter do?
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ShadowJax04

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#52 ShadowJax04
Member since 2006 • 3351 Posts
They should die.
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LJS9502_basic

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#53 LJS9502_basic
Member since 2003 • 180226 Posts

poor guy, they should have served more in jail ..... but I bet there is more to this story, the teacher must have had said something absured about Islam which still doesn't justify what they did.

omho88
Yes let's blame the victim and assume he said something.:|
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m25105

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#54 m25105
Member since 2010 • 3135 Posts

[QUOTE="omho88"]

poor guy, they should have served more in jail ..... but I bet there is more to this story, the teacher must have had said something absured about Islam which still doesn't justify what they did.

LJS9502_basic

Yes let's blame the victim and assume he said something.:|

The amount of hypocracy right there, is astounding. On the Israeli soldiers abuse thread you said the exact same thing as the person you're quoting. But whatever.

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Ninja-Hippo

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#55 Ninja-Hippo
Member since 2008 • 23434 Posts
My lack of faith in the UK law makes me doubt everything they say. I won't believe a word. If you hit someone round the head with a metal pole and a brick which results in a broken skull, that is ATTEMPTED MURDER. Simple as that. We have been complaining about the legal system for years, what will a bloody letter do?CannedWorms
What makes you qualified to doubt the law? Reading the Daily Mail and accepting it as the truth of exactly what went down? Also this is a fact, and you need to accept it: If you beat someone with a pole and a brick and grievously cause them harm, that's called grievous bodily harm. Not attempted murder. Had they unexpectedly survived an attack which the evidence demonstrates beyond reasonably doubt to have been intended to cause death, that would be attempted murder. The prosecution in this case has reviewed the exact details of the incident and the injuries sustained and concluded that the men involved stopped so as NOT to kill him. Thus, it's not attempted murder. You were not involved in the case. You do not know what happened. Even having an opinion on the FACTS of the case is absurd. Also we have not been complaining about the legal system for years. A fringe of Daily Mail readers who believe the legal system is actually how the Daily Mail describes complains about problems which don't exist.
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Ninja-Hippo

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#56 Ninja-Hippo
Member since 2008 • 23434 Posts
If you hit someone round the head with a metal pole and a brick which results in a broken skull, that is ATTEMPTED MURDER. CannedWorms
Fact; no it isn't. I'll repeat that for extra clarity; FACT. Not opinion. Fact.
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LJS9502_basic

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#57 LJS9502_basic
Member since 2003 • 180226 Posts
[QUOTE="LJS9502_basic"][QUOTE="omho88"]

poor guy, they should have served more in jail ..... but I bet there is more to this story, the teacher must have had said something absured about Islam which still doesn't justify what they did.

m25105
Yes let's blame the victim and assume he said something.:|

The amount of hypocracy right there, is astounding. On the Israeli soliders abuse thread you said the exact same thing as the person you're quoting. But whatever.

Actually it's exactly the same thing. I'm not assuming anybody in either thread did something not in evidence. In that thread...and his post...assumptions were being made. So no....there is no hypocrisy since I'm saying the same thing in both. Don't assume! I don't know how much clearer I can make that.:roll:
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LJS9502_basic

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#58 LJS9502_basic
Member since 2003 • 180226 Posts

[QUOTE="CannedWorms"]If you hit someone round the head with a metal pole and a brick which results in a broken skull, that is ATTEMPTED MURDER. Ninja-Hippo
Fact; no it isn't. I'll repeat that for extra clarity; FACT. Not opinion. Fact.

Well that is not actually correct. If someone uses a brick and metal pole with the intent to kill an individual that would be murder. It depends on the case, of course...but you can't say it's a fact that that would never be murder.

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Inconsistancy

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#60 Inconsistancy
Member since 2004 • 8094 Posts

[QUOTE="Inconsistancy"][QUOTE="Blue-Sky"]

Isn't attempted murder typically 5 years?

BuryMe

Why isn't the punishment for 'attempted' murder the same as murder, if the intent is th e same.. it's just as bad.

Because the outcome is different.

Still doesn't make sense, the intent is the same, then the punishment should be the same. It's still the same type of person who would have been a murderer, they just failed at it.
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Ninja-Hippo

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#61 Ninja-Hippo
Member since 2008 • 23434 Posts
[QUOTE="Ninja-Hippo"][QUOTE="CannedWorms"]If you hit someone round the head with a metal pole and a brick which results in a broken skull, that is ATTEMPTED MURDER. LJS9502_basic
Fact; no it isn't. I'll repeat that for extra clarity; FACT. Not opinion. Fact.

Well that is not actually correct. If someone uses a brick and metal poll with the intent to kill an individual that would be murder. It depends on the case, of course...but you can't say it's a fact that that would never be murder.

I can say that and i will; attacking someone with a pole is not attempted murder. It's attacking someone with a pole. When you add in 'with the intent to murder' as you just did obviously that's attempted murder. That's not what he said though. He is claiming that the mere action alone = attempted murder. It does not.
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LJS9502_basic

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#62 LJS9502_basic
Member since 2003 • 180226 Posts

[QUOTE="LJS9502_basic"][QUOTE="Ninja-Hippo"] Fact; no it isn't. I'll repeat that for extra clarity; FACT. Not opinion. Fact.Ninja-Hippo
Well that is not actually correct. If someone uses a brick and metal pole with the intent to kill an individual that would be murder. It depends on the case, of course...but you can't say it's a fact that that would never be murder.

I can say that and i will; attacking someone with a pole is not attempted murder. It's attacking someone with a pole. When you add in 'with the intent to murder' as you just did obviously that's attempted murder. That's not what he said though. He is claiming that the mere action alone = attempted murder. It does not.

Well then I guess shooting a gun at someone is not attempted murder...it's shooting a gun at someone.

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ItalStallion777

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#63 ItalStallion777
Member since 2005 • 1953 Posts

[QUOTE="CannedWorms"]

[QUOTE="jimmyjammer69"]You're right, you don't know the law here, so stop trying to pull it out of your posterior. If the CPS didn't prosecute for attempt murder, it's not attempt murder.Ninja-Hippo

http://www.telegraph.co.uk/news/uknews/crime/8538804/Men-who-beat-up-RE-teacher-were-terrorist-suspects.html

'This is the dog we want to hit, to strike, to kill.'

Attempted murder. It's a simple definition. Understand it please.

Saying you want to kill someone is not attempted murder. It's a very common expression used to denote intending to cause a person harm. If it were attempted murder there would be evidence of their intention to have him die from their attack. There was no such evidence seeing as they beat him and then ceased after a certain point so as NOT to kill him.

this man knows his laws. today we have learned that beating someone in the face with a metal pipe and smashing his skull in until the victim is motionless is definitely NOT attempted murder (even though it was a premeditated assault in which the perpetrators were taped saying they wanted to kill him)

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Ninja-Hippo

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#64 Ninja-Hippo
Member since 2008 • 23434 Posts

Well then I guess shooting a gun at someone is not attempted murder...it's shooting a gun at someone.

LJS9502_basic
Correct. :|
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LJS9502_basic

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#65 LJS9502_basic
Member since 2003 • 180226 Posts
[QUOTE="LJS9502_basic"]

Well then I guess shooting a gun at someone is not attempted murder...it's shooting a gun at someone.

Ninja-Hippo
Correct. :|

I'm glad I don't live in the UK in that case.
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Ninja-Hippo

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#66 Ninja-Hippo
Member since 2008 • 23434 Posts

this man knows his laws. today we have learned that beating someone in the face with a metal pipe and smashing his skull in until the victim is motionless is definitely NOT attempted murder (even though it was a premeditated assault in which the perpetrators were taped saying they wanted to kill him)

ItalStallion777

Obviously your understanding of the facts of the incident is superior to that of the prosecution. Maybe they read the wrong article on the internet? :roll:

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Ninja-Hippo

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#67 Ninja-Hippo
Member since 2008 • 23434 Posts
[QUOTE="Ninja-Hippo"][QUOTE="LJS9502_basic"]

Well then I guess shooting a gun at someone is not attempted murder...it's shooting a gun at someone.

LJS9502_basic
Correct. :|

I'm glad I don't live in the UK in that case.

Exactly the same system in the United States and most other countries founded on the English legal system.
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BuryMe

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#68 BuryMe
Member since 2004 • 22017 Posts

[QUOTE="BuryMe"]

[QUOTE="Inconsistancy"] Why isn't the punishment for 'attempted' murder the same as murder, if the intent is th e same.. it's just as bad.Inconsistancy

Because the outcome is different.

Still doesn't make sense, the intent is the same, then the punishment should be the same. It's still the same type of person who would have been a murderer, they just failed at it.

I guess they decided that there is a difference, since the victim of the attempted crime can continue to live life after recovery whereas with a succesful murder, they can't.

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dissonantblack

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#69 dissonantblack
Member since 2005 • 34009 Posts

if it were my choice i'd give them life in jail.

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LJS9502_basic

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#70 LJS9502_basic
Member since 2003 • 180226 Posts
[QUOTE="Ninja-Hippo"][QUOTE="LJS9502_basic"][QUOTE="Ninja-Hippo"] Correct. :|

I'm glad I don't live in the UK in that case.

Exactly the same system in the United States and most other countries founded on the English legal system.

Except here that is attempted murder.;)
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Ninja-Hippo

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#71 Ninja-Hippo
Member since 2008 • 23434 Posts
Except here that is attempted murder.;)LJS9502_basic
Wrongo. No it isn't. Fact.
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Ace6301

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#72 Ace6301
Member since 2005 • 21389 Posts
[QUOTE="LJS9502_basic"][QUOTE="Ninja-Hippo"][QUOTE="LJS9502_basic"] I'm glad I don't live in the UK in that case.

Exactly the same system in the United States and most other countries founded on the English legal system.

Except here that is attempted murder.;)

Actually just shooting a gun at someone in the US isn't attempted murder unless the shot was clearly intended to kill and that was the intent of the person. They also have to prove that it's the persons intent to kill somehow before it's attempted murder. As you yourself said, you shouldn't assume.
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Ninja-Hippo

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#73 Ninja-Hippo
Member since 2008 • 23434 Posts
Allow me to elucidate: Hitting someone with a pole is not attempted murder. Shooting someone with a gun is not attempted murder. On the contrary, hitting someone with a pole is hitting someone with a pole. Shooting someone with a gun is shooting someone with a gun. That's the guilty action; the actus reus, and it's only one element of the case. The other element is the mens rea; the state of mind, the intent. An action alone is never criminal unless its a crime of strict liability; one where the action alone is criminal and always criminal regardless of the intent, justification or whatever other reasons you may have for doing it. So saying 'hitting a guy with a pole and fracturing his skull is ATTEMPTED MURDER. Simple as that!' is just flat-out wrong. Fact. If found guilty of hitting a guy with a pole, you're found guilty of hitting a guy with a pole. Nothing else. Still to be determined is what your intent was when you hit him with the pole. And in this case the prosecution decided that their intent was not to kill the man, based on the facts of the incident which they have in vastly more detail than we do.
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HoolaHoopMan

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#74 HoolaHoopMan
Member since 2009 • 14724 Posts
Slap on the wrist. They should have been charged with a hate crime, assault + battery, assault with a deadly weapon and the guy should sue for damages. This is definitely not something that should receive lenient sentencing. It can only encourage others to do the same thing when it carries such a light sentence. Extremists give up their lives for less.foxhound_fox
This pretty much sums up my thoughts. Put these guys away for longer, something like this shouldn't be punished with a slap on the wrist.
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omho88

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#75 omho88
Member since 2007 • 3967 Posts

[QUOTE="omho88"]

poor guy, they should have served more in jail ..... but I bet there is more to this story, the teacher must have had said something absured about Islam which still doesn't justify what they did.

LJS9502_basic

Yes let's blame the victim and assume he said something.:|

No matter he said, what these idioits did is unexcusable and they should be severly punished. I am not against the victim, I thought this was pretty clear ... ohh, yeah, you are preoccupied with the idea that I am a terrorist and I support beating people who offend me !!

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CannedWorms

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#76 CannedWorms
Member since 2009 • 3381 Posts
[QUOTE="CannedWorms"]My lack of faith in the UK law makes me doubt everything they say. I won't believe a word. If you hit someone round the head with a metal pole and a brick which results in a broken skull, that is ATTEMPTED MURDER. Simple as that. We have been complaining about the legal system for years, what will a bloody letter do?Ninja-Hippo
What makes you qualified to doubt the law? Reading the Daily Mail and accepting it as the truth of exactly what went down? Also this is a fact, and you need to accept it: If you beat someone with a pole and a brick and grievously cause them harm, that's called grievous bodily harm. Not attempted murder. Had they unexpectedly survived an attack which the evidence demonstrates beyond reasonably doubt to have been intended to cause death, that would be attempted murder. The prosecution in this case has reviewed the exact details of the incident and the injuries sustained and concluded that the men involved stopped so as NOT to kill him. Thus, it's not attempted murder. You were not involved in the case. You do not know what happened. Even having an opinion on the FACTS of the case is absurd. Also we have not been complaining about the legal system for years. A fringe of Daily Mail readers who believe the legal system is actually how the Daily Mail describes complains about problems which don't exist.

This is the last time I am saying this: it was attempted murder. You attack someone with a a large weapon to the skull then thats attempted murder. You can use the law to dispute this but it doesnt't negate common sense. ::typing from mobile::
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ItalStallion777

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#77 ItalStallion777
Member since 2005 • 1953 Posts

[QUOTE="ItalStallion777"]

this man knows his laws. today we have learned that beating someone in the face with a metal pipe and smashing his skull in until the victim is motionless is definitely NOT attempted murder (even though it was a premeditated assault in which the perpetrators were taped saying they wanted to kill him)

Ninja-Hippo

Obviously your understanding of the facts of the incident is superior to that of the prosecution. Maybe they read the wrong article on the internet? :roll:

can i not disagree with the outcome of this case? from the facts that i see and my basic understand of its definition this an clear case of attempted murder. we all understand that merely saying the words "i want to kill you" is not attempted murder, but what i am saying is that when it is accompanied with a relevant action such as using multiple weapons to beat a man to near death then it is. from my point of view im looking at this at a very logical, clear cut way. do i know every single fact in the case? no, nor do you but i feel that based on the facts that we both know, i have made a better case at providing my opinion on why it is attempted murder. i say we let the OT jury decide... :P

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LJS9502_basic

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#78 LJS9502_basic
Member since 2003 • 180226 Posts

Actually just shooting a gun at someone in the US isn't attempted murder unless the shot was clearly intended to kill and that was the intent of the person. They also have to prove that it's the persons intent to kill somehow before it's attempted murder. As you yourself said, you shouldn't assume.Ace6301
Ah but if you had read my first post to Ninja I stated that one CAN use a brick or metal pole to attempt to kill someone. He said no. Which is frankly wrong. There is no assumption. I clearly stated it.;)

Well that is not actually correct. If someone uses a brick and metal poll with the intent to kill an individual that would be murder. It depends on the case, of course...but you can't say it's a fact that that would never be murder.LJS9502_basic

See what happens when you assume?

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LJS9502_basic

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#79 LJS9502_basic
Member since 2003 • 180226 Posts
[QUOTE="LJS9502_basic"]Except here that is attempted murder.;)Ninja-Hippo
Wrongo. No it isn't. Fact.

Sure it is. In the US taking a gun, aiming at someone, and pulling the trigger to discharge a bullet IS attempted murder if it's not successful. So, yeah...it's fact.
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Ninja-Hippo

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#80 Ninja-Hippo
Member since 2008 • 23434 Posts

[QUOTE="Ninja-Hippo"]

[QUOTE="ItalStallion777"]

this man knows his laws. today we have learned that beating someone in the face with a metal pipe and smashing his skull in until the victim is motionless is definitely NOT attempted murder (even though it was a premeditated assault in which the perpetrators were taped saying they wanted to kill him)

ItalStallion777

Obviously your understanding of the facts of the incident is superior to that of the prosecution. Maybe they read the wrong article on the internet? :roll:

can i not disagree with the outcome of this case? from the facts that i see and my basic understand of its definition this an clear case of attempted murder.

You don't know the facts. :? Do you not think the prosecution is in a better position to decide whether it was attempted murder than you, based off an article on the Daily Mail? I'm not saying it definitely WASN'T attempted murder, i'm saying it's ridiculous to say the prosecution made the wrong charge when you have no idea what the actual details of the incident were.
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Ace6301

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#81 Ace6301
Member since 2005 • 21389 Posts
[QUOTE="Ace6301"][QUOTE="LJS9502_basic"]Except here that is attempted murder.;)LJS9502_basic
Actually just shooting a gun at someone in the US isn't attempted murder unless the shot was clearly intended to kill and that was the intent of the person. They also have to prove that it's the persons intent to kill somehow before it's attempted murder. As you yourself said, you shouldn't assume.

Ah but if you had read my first post to Ninja I stated that one CAN use a brick or metal pole to attempt to kill someone. He said no. Which is frankly wrong. There is no assumption. I clearly stated it.;)

"Well then I guess shooting a gun at someone is not attempted murder...it's shooting a gun at someone." Your post. You didn't clearly state anything other than shooting a gun at someone. You really should just admit when you're wrong.
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Ninja-Hippo

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#82 Ninja-Hippo
Member since 2008 • 23434 Posts

[QUOTE="Ninja-Hippo"] Wrongo. No it isn't. Fact.LJ_basic
Sure it is. In the US taking a gun, aiming at someone, and pulling the trigger to discharge a bullet IS attempted murder if it's not successful. So, yeah...it's fact.

Yeah, again just all kinds of wrong. See my above post. Flat-out 100% wrong. Fact. Not up for debate. Not a matter of opinion.

Ah but if you had read my first post to Ninja I stated that one CAN use a brick or metal pole to attempt to kill someone. He said no. Which is frankly wrong. There is no assumption. I clearly stated it.;)LJS9502_basic
At no point did i say a person cannot use a brick or a metal pole to murder someone. Don't start, dude...

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Ninja-Hippo

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#85 Ninja-Hippo
Member since 2008 • 23434 Posts
This is the last time I am saying this: it was attempted murder. You attack someone with a a large weapon to the skull then thats attempted murder. You can use the law to dispute this but it doesnt't negate common sense. ::typing from mobile::CannedWorms
I love how you feel the law is irrelevant when debating the outcome of a criminal trial. It wasn't attempted murder. If it was attempted murder the prosecution would have charged them with attempted murder. Even ignoring the law you're wrong; you seem to feel any and all savage beatings are by default attempted murder. People get horrendously beaten and assaulted all the damned time by thugs who stop short of outright killing them. "You attack someone with a large weapon then thats attempted murder." Um, no it isn't. It's attacking someone with a large weapon.
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LJS9502_basic

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#86 LJS9502_basic
Member since 2003 • 180226 Posts
[QUOTE="Ace6301"][QUOTE="LJS9502_basic"][QUOTE="Ace6301"] Actually just shooting a gun at someone in the US isn't attempted murder unless the shot was clearly intended to kill and that was the intent of the person. They also have to prove that it's the persons intent to kill somehow before it's attempted murder. As you yourself said, you shouldn't assume.

Ah but if you had read my first post to Ninja I stated that one CAN use a brick or metal pole to attempt to kill someone. He said no. Which is frankly wrong. There is no assumption. I clearly stated it.;)

"Well then I guess shooting a gun at someone is not attempted murder...it's shooting a gun at someone." Your post. You didn't clearly state anything other than shooting a gun at someone. You really should just admit when you're wrong.

That's why you follow the train of thought. And in the US shooting at gun at someone is considered attempted murder. The word AT is very important there. Nonetheless.....it was a comment to show how erroneous his argument was.The UK does have laws against murder...and using an object...be it a brick, knife, metal pole, gun with the intent to kill that individual would qualify as murder if successful and attempted murder if not so success...yes?
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LJS9502_basic

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#87 LJS9502_basic
Member since 2003 • 180226 Posts
[QUOTE="Ninja-Hippo"][QUOTE="LJS9502_basic"][QUOTE="Ninja-Hippo"] Wrongo. No it isn't. Fact.

Sure it is. In the US taking a gun, aiming at someone, and pulling the trigger to discharge a bullet IS attempted murder if it's not successful. So, yeah...it's fact.

Yeah, again just all kinds of wrong. See my above post. Flat-out 100% wrong. Fact. Not up for debate. Not a matter of opinion.

Actually it's you who are wrong. Going by your logic...there is no such crime as murder or attempted murder. In the US an individual that did that would be charged with either murder or attempted murder unless they can show self defense.
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Ace6301

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#88 Ace6301
Member since 2005 • 21389 Posts
[QUOTE="Ace6301"][QUOTE="LJS9502_basic"]Ah but if you had read my first post to Ninja I stated that one CAN use a brick or metal pole to attempt to kill someone. He said no. Which is frankly wrong. There is no assumption. I clearly stated it.;)LJS9502_basic
"Well then I guess shooting a gun at someone is not attempted murder...it's shooting a gun at someone." Your post. You didn't clearly state anything other than shooting a gun at someone. You really should just admit when you're wrong.

That's why you follow the train of thought. And in the US shooting at gun at someone is considered attempted murder. The word AT is very important there. Nonetheless.....it was a comment to show how erroneous his argument was.The UK does have laws against murder...and using an object...be it a brick, knife, metal pole, gun with the intent to kill that individual would qualify as murder if successful and attempted murder if not so success...yes?

No. It isn't. If I shoot a gun at you it is NOT attempted murder unless I'm clearly aiming for your head or the prosecution can substantiate that I was trying to murder you and not just shooting you. Either way though, you're wrong here. What you're claiming is attempted murder...isn't. This isn't a point of view thing, this is the way the law works. And yes this is US law.
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BuryMe

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#89 BuryMe
Member since 2004 • 22017 Posts

[QUOTE="Ninja-Hippo"][QUOTE="CannedWorms"]My lack of faith in the UK law makes me doubt everything they say. I won't believe a word. If you hit someone round the head with a metal pole and a brick which results in a broken skull, that is ATTEMPTED MURDER. Simple as that. We have been complaining about the legal system for years, what will a bloody letter do?CannedWorms
What makes you qualified to doubt the law? Reading the Daily Mail and accepting it as the truth of exactly what went down? Also this is a fact, and you need to accept it: If you beat someone with a pole and a brick and grievously cause them harm, that's called grievous bodily harm. Not attempted murder. Had they unexpectedly survived an attack which the evidence demonstrates beyond reasonably doubt to have been intended to cause death, that would be attempted murder. The prosecution in this case has reviewed the exact details of the incident and the injuries sustained and concluded that the men involved stopped so as NOT to kill him. Thus, it's not attempted murder. You were not involved in the case. You do not know what happened. Even having an opinion on the FACTS of the case is absurd. Also we have not been complaining about the legal system for years. A fringe of Daily Mail readers who believe the legal system is actually how the Daily Mail describes complains about problems which don't exist.

This is the last time I am saying this: it was attempted murder. You attack someone with a a large weapon to the skull then thats attempted murder. You can use the law to dispute this but it doesnt't negate common sense. ::typing from mobile::

Unfortunately for your views, the laws enforced are the ones on the books, not the ones you deem to be common sense.

To get an attempted murder conviction, you need to prove intent to kill. Hitting some one in the head with a pole proves intent to harm, but not kill

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Ninja-Hippo

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#90 Ninja-Hippo
Member since 2008 • 23434 Posts
That's why you follow the train of thought. And in the US shooting at gun at someone is considered attempted murder. The word AT is very important there. Nonetheless.....it was a comment to show how erroneous his argument was.The UK does have laws against murder...and using an object...be it a brick, knife, metal pole, gun with the intent to kill that individual would qualify as murder if successful and attempted murder if not so success...yes?LJS9502_basic
1) You're wrong. In the US shooting someone is not attempted murder. Fact. 2) You completely misunderstand my argument. When you start adding in 'with intent to kill' you completely negate the whole point. The entire basis of the point was that the mere action alone is not attempted murder; it is the mental element of intent which must be addressed, which is of equal weighting to the action itself. As such, hitting someone with a pole is not attempted murder. Shooting someone is not attempted murder. Punching someone in the face is not attempted murder. Those are all ACTIONS; actus reus. The intention of those actions is the mens rea, and that is what determines whether something is assault or GBH or attempted murder, not the action itself.
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LJS9502_basic

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#91 LJS9502_basic
Member since 2003 • 180226 Posts

[QUOTE="LJS9502_basic"][QUOTE="Ace6301"] "Well then I guess shooting a gun at someone is not attempted murder...it's shooting a gun at someone." Your post. You didn't clearly state anything other than shooting a gun at someone. You really should just admit when you're wrong. Ace6301
That's why you follow the train of thought. And in the US shooting at gun at someone is considered attempted murder. The word AT is very important there. Nonetheless.....it was a comment to show how erroneous his argument was.The UK does have laws against murder...and using an object...be it a brick, knife, metal pole, gun with the intent to kill that individual would qualify as murder if successful and attempted murder if not so success...yes?

No. It isn't. If I shoot a gun at you it is NOT attempted murder unless I'm clearly aiming for your head or the prosecution can substantiate that I was trying to murder you and not just shooting you. Either way though, you're wrong here. What you're claiming is attempted murder...isn't. This isn't a point of view thing, this is the way the law works. And yes this is US law.

US Law.... In order for a person to be guilty of attempted murder, that person should have deliberately, intentionally or recklessly with extreme disregard for human life, attempted to kill someone.

Firing a gun at them qualifies...

Edit: Head shots alone do not qualify and contrary to video games it's expedient to fire center mass...not at the head.

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Ninja-Hippo

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#92 Ninja-Hippo
Member since 2008 • 23434 Posts
Actually it's you who are wrong. Going by your logic...there is no such crime as murder or attempted murder. In the US an individual that did that would be charged with either murder or attempted murder unless they can show self defense. LJS9502_basic
You have no idea what you're talking about. Shooting someone = action. Actus Reus. Nothing to do with murder or attempted murder or anything else. It is merely an action. INTENT = mens rea. The mental element. The intended consequence of the given action. Shooting someone is not attempted murder. It's an action, and only half of the criminal charge. The other half is the mens rea; the mental element accompanying the action. The action alone is never a crime without the mens rea, except for cases of strict liability. And this is not such a case.
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ItalStallion777

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#93 ItalStallion777
Member since 2005 • 1953 Posts

[QUOTE="ItalStallion777"]

[QUOTE="Ninja-Hippo"] Obviously your understanding of the facts of the incident is superior to that of the prosecution. Maybe they read the wrong article on the internet? :roll:

Ninja-Hippo

can i not disagree with the outcome of this case? from the facts that i see and my basic understand of its definition this an clear case of attempted murder.

You don't know the facts. :? Do you not think the prosecution is in a better position to decide whether it was attempted murder than you, based off an article on the Daily Mail? I'm not saying it definitely WASN'T attempted murder, i'm saying it's ridiculous to say the prosecution made the wrong charge when you have no idea what the actual details of the incident were.

if you read my full post i clearly say that we don't know all the facts. on the other hand there's not too many ways to spin a broken skull, major lacerations, and their voice on tape. and yes i think the prosecution is in a much better position to decide what is what. i also think president bush or obama are in a much better position to know what's best for the country given that they know more facts then us. Does that mean i should blindly agree with them? hell no. in this case i looked at what was said in the presented article and formed my own opinion on it. i think that if what is said is accurate, which i assume at least most of it is, this is attempted murder.

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Ace6301

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#94 Ace6301
Member since 2005 • 21389 Posts

[QUOTE="Ace6301"][QUOTE="LJS9502_basic"]That's why you follow the train of thought. And in the US shooting at gun at someone is considered attempted murder. The word AT is very important there. Nonetheless.....it was a comment to show how erroneous his argument was.The UK does have laws against murder...and using an object...be it a brick, knife, metal pole, gun with the intent to kill that individual would qualify as murder if successful and attempted murder if not so success...yes?LJS9502_basic

No. It isn't. If I shoot a gun at you it is NOT attempted murder unless I'm clearly aiming for your head or the prosecution can substantiate that I was trying to murder you and not just shooting you. Either way though, you're wrong here. What you're claiming is attempted murder...isn't. This isn't a point of view thing, this is the way the law works. And yes this is US law.

US Law.... In order for a person to be guilty of attempted murder, that person should have deliberately, intentionally or recklessly with extreme disregard for human life, attempted to kill someone.

Firing a gun at them qualifies...

Edit: Head shots alone do not qualify and contrary to video games it's expedient to fire center mass...not at the head.

No prosecution still has to prove that there was an intent to kill. You're adding stipulations now as well. Fact is you were wrong. Really there is no argument here.
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LJS9502_basic

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#95 LJS9502_basic
Member since 2003 • 180226 Posts
[QUOTE="LJS9502_basic"]

[QUOTE="Ace6301"] No. It isn't. If I shoot a gun at you it is NOT attempted murder unless I'm clearly aiming for your head or the prosecution can substantiate that I was trying to murder you and not just shooting you. Either way though, you're wrong here. What you're claiming is attempted murder...isn't. This isn't a point of view thing, this is the way the law works. And yes this is US law.Ace6301

US Law.... In order for a person to be guilty of attempted murder, that person should have deliberately, intentionally or recklessly with extreme disregard for human life, attempted to kill someone.

Firing a gun at them qualifies...

Edit: Head shots alone do not qualify and contrary to video games it's expedient to fire center mass...not at the head.

No prosecution still has to prove that there was an intent to kill. You're adding stipulations now as well. Fact is you were wrong. Really there is no argument here.

Stipulations? I got that quote straight out a US Legal Definitions site. It's not mine. I just said firing a gun at someone qualifies because AT THE LEAST it's a reckless with extreme disregard to human life.
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#96 Ninja-Hippo
Member since 2008 • 23434 Posts

if you read my full post i clearly say that we don't know all the facts. on the other hand there's not too many ways to spin a broken skull, major lacerations, and their voice on tape. and yes i think the prosecution is in a much better position to decide what is what. i also think president bush or obama are in a much better position to know what's best for the country given that they know more facts then us. Does that mean i should blindly agree with them? hell no. in this case i looked at what was said in the presented article and formed my own opinion on it. i think that if what is said is accurate, which i assume at least most of it is, this is attempted murder.

ItalStallion777

Agreeing with the policy directions of the government is not comparable to disagreeing with a Prosecution when they have the facts and you do not. You've even impugned your own argument; you formed your opinion based on the article. They formed their professional decision based on every minute detail of EXACTLY what happened, and they concluded that the thugs involved did not intend to murder their victim, but instead to cause him grievous bodily harm. So that's what they charged them with.

Also you're more than entitled to form any opinion you want; i remind you that it was you who originally attacked my position which was merely based on the prescription of the law. :? I have expressed no opinion in relation to that.

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#97 spliffstar12
Member since 2008 • 1281 Posts
[QUOTE="Ninja-Hippo"][QUOTE="LJS9502_basic"]Except here that is attempted murder.;)LJS9502_basic
Wrongo. No it isn't. Fact.

Sure it is. In the US taking a gun, aiming at someone, and pulling the trigger to discharge a bullet IS attempted murder if it's not successful. So, yeah...it's fact.

im not really sure what im talking about but i think i heard this somewhere lol doesnt it depend where you shoot them? like if you shoot someone in the leg or foot is it still attempted murder?
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LJS9502_basic

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#98 LJS9502_basic
Member since 2003 • 180226 Posts

[QUOTE="ItalStallion777"]

if you read my full post i clearly say that we don't know all the facts. on the other hand there's not too many ways to spin a broken skull, major lacerations, and their voice on tape. and yes i think the prosecution is in a much better position to decide what is what. i also think president bush or obama are in a much better position to know what's best for the country given that they know more facts then us. Does that mean i should blindly agree with them? hell no. in this case i looked at what was said in the presented article and formed my own opinion on it. i think that if what is said is accurate, which i assume at least most of it is, this is attempted murder.

Ninja-Hippo

Agreeing with the policy directions of the government is not comparable to disagreeing with a Prosecution when they have the facts and you do not. You've even impugned your own argument; you formed your opinion based on the article. They formed their professional decision based on every minute detail of EXACTLY what happened, and they concluded that the thugs involved did not intend to murder their victim, but instead to cause him grievous bodily harm. So that's what they charged them with.

Also you're more than entitled to form any opinion you want; i remind you that it was you who originally attacked my position which was merely based on the prescription of the law. :? I have expressed no opinion in relation to that.

You know sometimes crimes are prosecuted the way the prosecution wants them to be because they don't think they have enough evidence to prove beyond a reasonable doubt. That does not mean the prosecutors agree they didn't do a specific crime...but they'll go lesser if they feel that at least they'd get a conviction that way.
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Ninja-Hippo

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#99 Ninja-Hippo
Member since 2008 • 23434 Posts
[QUOTE="spliffstar12"] im not really sure what im talking about but i think i heard this somewhere lol doesnt it depend where you shoot them? like if you shoot someone in the leg or foot is it still attempted murder?

Shooting someone anywhere is not attempted murder. Shooting someone is just an action. The question of whether it was murder or attempted murder comes down to your mental element; the intended consequence of your action.
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Ninja-Hippo

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#100 Ninja-Hippo
Member since 2008 • 23434 Posts
[QUOTE="LJS9502_basic"] You know sometimes crimes are prosecuted the way the prosecution wants them to be because they don't think they have enough evidence to prove beyond a reasonable doubt. That does not mean the prosecutors agree they didn't do a specific crime...but they'll go lesser if they feel that at least they'd get a conviction that way.

You could charge attempted murder and GBH. It doesn't have to be one or the other. You've also ignored my other post. /lawyered. ;)