SomeGuy said:
AndrewJ said:Ah c'mon. Just because it's a car door, that makes it ok?
Assault with a weapon. Assault occasioning actual bodily harm.
Attempted manslaughter.
Take your pick.
Webster's dictionary defines manslaughter as "the unlawful killing of
a human being without express or implied malice." So um... how do you
have attempted manslaughter?
Got to watch "dictionary" definitions.
The actual definitions vary from jurisdiction to jurisdiction. For
example, the QLD positon is:
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CRIMINAL CODE 1899 - SECT 303
Definition of manslaughter
A person who unlawfully kills another under such circumstances as not
to constitute murder is guilty of manslaughter.
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And if you really want to get your teeth into it..........
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CRIMINAL CODE 1899 - SECT 4
Attempts to commit offences
(1) When a person, intending to commit an offence, begins to put the
person's intention into execution by means adapted to its fulfilment,
and manifests the person's intention by some overt act, but does not
fulfil the person's intention to such an extent as to commit the
offence, the person is said to attempt to commit the offence.
(2) It is immaterial, except so far as regards punishment, whether the
offender does all that is necessary on the offender's part for
completing the commission of the offence, or whether the complete
fulfilment of the offender's intention is prevented by circumstances
independent of his or her will, or whether the offender desists of his
or her own motion from the further prosecution of the offender's
intention.
(3) It is immaterial that by reason of circumstances not known to the
offender it is impossible in fact to commit the offence.
(4) The same facts may constitute one offence and an attempt to commit
another offence.
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