Monday, March 11, 2013 1:15:34 AM
@crakrjak and there was intent to punch the kid. If it's declared connected it is manslaughter then. You don`t need intent to cause the actual out come of the crime, just intent to have committed the crime i.e The likely result has to be sooo far removed from likely and foreseeable circumstances to get away with the I never intended that to happen. If you rob a bank and scare a weak hearted man who has a heart attack and dies, guess what you`re responsible in law although you intended to rob a bank. Kid`s intended battery and assault and you have to accept all the consequences of your criminal venture.
And in your oh so litigious society civil law suit against the school or kids parents would likely succeed is after all the information is in they are connected.
So yes a two day suspension is not adequate... If the results come back connected.
Sunday, March 10, 2013 12:58:17 PM
Bakcagain: That may apply to tort law, but not criminal law. Under criminal law the defendant must have had intent and that intent must be beyond a reasonable doubt.
Sunday, March 10, 2013 4:47:36 AM
Gerry is right- it could have been a fight with unfortunate consequences- boys fight, poo happens. It could have been continuous bullying of the weak by the strong. Either way the boys should have been out of the school door that hour- if rules say no violence- then that is what happens- it deters. Once the full story is know to the investigators then I hope that justice will be served- if it was a fight which went accidentally wrong- well, that is one thing- death by bullying- that is another. Knee jerk justice is never fair and I suspect there is a lot here that we will never know.