Quote:
Originally Posted by Derek S
So if all 5 fired off a number of shots, any of which could have been fatal and it's impossible to determine which one was the actual killing shot none of them should be charged with murder?
If thats what you think you should apply for a job with the CPS.
Thats why groups of people are charged together with the same crime. They are acting together for a common illegal purpose.
In armed robberies do you think the only person charged should be the one who takes physical possesion of the money?
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Only if the charge is taking physical possesion of the money.
The accomplices are normally charged with other crimes, such as aiding, or conspiracy etc.
As I said, despite what you think, we do not try groups as a unit, we try individuals for the crimes they themselves committed, and the CPS weighs up the evidence (which lets face it, they have and you do not), and decides what way forward would get the best result (ie highest punishment with highest chance of conviction).
You may recall those gurkhas I mentioned in a previous thread, who chased a teenage boy and kicked him to death.
None of them were convicted of murder because it could not be proven which one killed the boy.
Now if they'd been charged with manslaughter, ie their actions resulted in someone's death without actually having to prove they were the killer, then they'd be in prison.