Re: Peter Flanagan
TrueBlue76 said:
I thought that to be convicted of murder the court have to prove that you went out purposeless to kill, i.e. planned ahead. This is more manslaughter as it happened in the heat of the moment. If he does get sent down I think it would be manslaughter not murder. But either way he did what we all would have done, defend his family and home...good luck to him.
Indeed. Quick law lesson here. For most crimes, you need:
Actus Reus - Which means you actually physically perform an act, stabbing, shooting, punching etc
Mens Rea - You had the malice aforethough to do it, like you drove somewhere with a gun in your pocket to kill someone, or in this case, you had a knife by the side of your bed to kill any burglar
It will all come down to where the knife was, where he was stabbed etc. If he was stabbed in the kitchen, or Flanagan passed the knife on his way to the victim, then he didn't have the malice aforethought, so it would be manslaughter.
If he ran downstairs, ran to the kitchen, got a knife and ran to the burglar, or there was a knife by his bed (without a reasonable reason for it to be there, such as he was decorating, or doing some crafts or something) then he'd be done for murder as he'd placed it there with the intention of stabbing someone.
Pretty complicated, and it will all come down to where the knife was in the house, and where the stabbing occured.