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Originally Posted by Raistlin
But Roy wasn't suggesting that he had dropped the gun. He was suggesting that "he fired the gun but did not think the bullet would hit anyone".
My analogy is built on that.
I drive my car, but I don't expect to hit anyone. I do realise that it is a risk. If I point my car at a crowd of people and then drive it I am likely to hit someone.
The difference comes down to intent. If I point a gun into the air it is (highly) unlikely that I will hit anybody, however if I point my gun into a crowd it is (highly) likely that I will hit someone.
In Roy's example, if I were to say "sorry, I didn't think it would hit anybody" after deliberatly driving/aiming towards a crowd of people then I would obviously be talking crap.
However (dragging this back on topic) the learner driver was parking his car, he did not expect to hit someone, he was not parking it intentionally to hit someone, therefore it isn't pre-meditated. The only pre-meditated acts were: driving the car not in accordance with the licencing conditions, driving whilst uninsured.
He is certainly not going to be found guilty of pre-meditated murder.
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If its being expressed this way - he aimed the gun at the people - didn't intend to pull the trigger. Doesn't matter anyway - in my view, he should be locked for life (thats life, not 45 years or whatever it may be), because he took a risk when he went out without a license, and must live by the consequences.