Batters Posted August 12, 2013 Report Share Posted August 12, 2013 If you have an intention to do something then that is forethought. It is the same as premeditration. It may only be forethought/premeditation which you had one second before you did it but it is still forethought. If that were not present you could not be convicted of murder. J. That's an oversimplification. In English law, 'forethought' and 'premeditation' are largely interchangeable with one another, but not with 'intention'. If I go into town and buy a special bat to beat my postman to death with, that is premeditation. If, however, I lose my temper in the pub and in an instant grab the nearest thing to me and beat my victim to death with it, you would hardly consider that premeditated, but both are still murder because of the intention. Therein lies the tension between the two words, hence the mens rea for murder was clarified in R v Maloney in 1985 to be "intention to kill or cause grievous bodily harm". Allegedly more straightforward. Quote Link to comment Share on other sites More sharing options...
-Mongrel- Posted August 12, 2013 Report Share Posted August 12, 2013 JonathanL could be in trouble now...I suspect Mr Batters is better read in law than he and no amount of sniping or back peddling will save him! Quote Link to comment Share on other sites More sharing options...
overandunder2012 Posted August 12, 2013 Report Share Posted August 12, 2013 (edited) JonathanL could be in trouble now...I suspect Mr Batters is better read in law than he and no amount of sniping or back peddling will save him! Edited August 13, 2013 by overandunder2012 Quote Link to comment Share on other sites More sharing options...
Kes Posted August 12, 2013 Author Report Share Posted August 12, 2013 Given that I did not know the facts, at the time of the original post and we still dont as far as the subsequent posts are concerned then it could be either murder or self defence? Without definitive proof that it was 'murder', it was nevertheless homicide. Isnt pedantry wonderful. I suggest there are few cases where homicide is not murder - self defence obviously; that could have been the case here but then surely there would be only one victim ? Perhaps I should have entitled the post, 'Death(s) involving firearms in Scotland' and we'd all be a bit happier - Sorry, my mistake Quote Link to comment Share on other sites More sharing options...
Batters Posted August 12, 2013 Report Share Posted August 12, 2013 I don't see what is wrong with the title, just because the yanks use the word doesn't mean we can't. It's our language, after all! Quote Link to comment Share on other sites More sharing options...
Malik Posted August 12, 2013 Report Share Posted August 12, 2013 Back on the topic... Has any new information came from this story... Have the police uncovered what actually happened? Quote Link to comment Share on other sites More sharing options...
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