The challenge by Dr BG would be English law. The definitions of GNM, more in line with Scots law?? Convo often in absolutes which is false too, there are variations in degrees of severity and therefore fair sanctions
I still don't understand this, tbh. I thought the whole point of any manslaughter charge was to recognise the crime of causing another's death without intent. If there's intent then it's plain murder, surely?
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There was no intent to kill. There’s an argument that there was no malintent at all - no intention to harm and only to help. 2 diagnoses with appropriate action plans don’t seem like wilful recklessness or gross carelessness either
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I think intent is a red herring here tbh,(given the case is South of the border). And I'd include anything described as wilful in that. Gross carelessness seems closer to the legal descriptions I'm seeing though. Indifference to a risk & inattention seem to be the key phrases.
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I think intent is a clear distinction. Consider the single punch death. That would be a culp hom because while not intended the accused actions were still criminally reckless. There is very very rarely criminal recklessness in healthcare deaths
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There's very rarely criminal anything in healthcare deaths to be fair. And whilst I agree intent is a distinction, I think it distinguishes between murder and manslaughter, rather than between manslaughter or not.
End of conversation
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