[Xaccers]

Originally Posted by Derek S

Yes stop trying to change the scenario.
I gave the example (post 47 in case you are interested) of a case where two people kicking and stamping on someone were convicted of cupable homicide and not murder.

You then asked (post 48)



I was showing that you don't need to be the person who actually delivers the killing blow to be convicted of murder.

Yes because in the case you presented there wasn't sufficient evidence to reach a conviction of murder, yet there was on the lesser charge of culpable homicide.
In the case of the deceased goth, there was sufficient evidence to secure at least two convictions of murder, while only GBH with intent for the other 3 involved.
My point as I've said is that it depends on the likelihood of getting a successful conviction, as it is better to get a conviction on a lesser charge than try for the more serious charge and have the defendant go free.
Therefore where the CPS etc are confident of a conviction for a particular charge, they will push for that charge to be answered for.

Not me. Although I do have a healthy, professional interest in it.

I've had several years working with employment law and more recently the VCR act 2006.