Let's say you are a operating a cable car and you suddenly realized that your brakes are not working and it killed 5 workers on the rail road.
1) Will you be guilty of manslaughter?
2) If there is another track on the right and a worker is working there, and you decided to steer the cable car to the right before you hit the 5 workers in order to harm less people, will you be guilty of murder since you intended to kill the worker?
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- Thread Starter
- 22-03-2013 07:48
- 22-03-2013 07:54
Knowing the police they'd be more interested in giving you 3 points and a £60 fine for faulty breaks...
- 04-04-2013 21:54
No probably not, it's all about causation and it could be held that the chain of causation could be broken by the novus actus interveniens or new intervening act. I don't think you would be criminally liable for this, but the person who is responsible for the faulty breaks would be (i.e. a rubbish repairs-man)
The other thing is quite hard to explore, you probably would be held with man slaughter not murder in those terms. A murder needs to be more malicious, than acting to minimise the consequences of your actions. It may be murder in the long run, but when it comes to sentencing (and if the chain of causation isn't broken) you would probably be charged with murder but the minimum sentence as there is a lot of mitigation on the defendant's behalf.Last edited by RossSimmons; 04-04-2013 at 21:57.