Jump to content

What is premeditation?


Recommended Posts

Not really.

Two possibilities are...

 

Firstly sentencing - planned attacks lead to longer sentences. Spur of the moment attacks lead to shorter sentences as you can imagine.

 

Secondly the media - journalists don't understand law hence the ridiculous headlines about damages in civil claims. They could well have used the word thinking it had relevance.

 

That's all I can think of.

 

 

Posted from Sheffieldforum.co.uk App for Android

 

So, if this attack was deemed to be premeditated that would make no difference other than mitigation only as to the intent?

Link to comment
Share on other sites

Quote:

 

Originally Posted by Moosey

 

Not really.

Two possibilities are...

 

Firstly sentencing - planned attacks lead to longer sentences. Spur of the moment attacks lead to shorter sentences as you can imagine.

 

Secondly the media - journalists don't understand law hence the ridiculous headlines about damages in civil claims. They could well have used the word thinking it had relevance.

 

That's all I can think of.

 

 

Posted from Sheffieldforum.co.uk App for Android

 

So, if this attack was deemed to be premeditated that would make no difference other than mitigation only as to the intent?

 

Yup it'd just likely result in a longer sentence.

 

 

Posted from Sheffieldforum.co.uk App for Android

Link to comment
Share on other sites

LMAO@ Moosey.

Premeditation is used in US law as a phrase, but as Moosey said English law operates differently in deciding what elements are needed for it to be classed as murder.

Its probably being used by the media. Acts of premeditation might be considered as making a stringer case that the person had formed the intent to kill or cause gbh.

 

It can also be relevant evidence in acts of conspiracy or attempted crimes?

Link to comment
Share on other sites

if you carry a weapon it is perceived you are going to use it

 

Which is why you get a longer sentence for armed robbery, whether you use a gun on the job or not. The intention is if for any reason you need to use it, you will.

Link to comment
Share on other sites

Hi

 

So does mine

 

Quote

 

Definition

 

William Blackstone (citing Edward Coke), in his Commentaries on the Laws of England set out the common law definition of murder, which by this definition occurs

 

when a person, of sound memory and discretion, unlawfully kills any reasonable creature in being and under the king's peace, with malice aforethought, either express or implied.[2]

 

'extract'

 

But two is better than one< every little helps:D

Link to comment
Share on other sites

Hi

 

So does mine

 

Quote

 

Definition

 

William Blackstone (citing Edward Coke), in his Commentaries on the Laws of England set out the common law definition of murder, which by this definition occurs

 

when a person, of sound memory and discretion, unlawfully kills any reasonable creature in being and under the king's peace, with malice aforethought, either express or implied.[2]

 

'extract'

 

No, your page contains a couple of references to English law contained within a general overview of murder across a number of jurisdictions. The link I posted is specifically about UK law alone, and therefore more relevant.

 

jb

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.