How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69775
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

A grieving man, under the influence of alcohol, at his

Resolved Question:

A grieving man, under the influence of alcohol, at his wife's funeral, hits his brother believing him to have committed adultery with his wife. He accidentally kills his brother because he falls against a gravestone. This is 1948 in the UK. What might he be charged with and what might the sentence be? The wife died of cancer and actually didn't have a sexual relationship with the brother although they had been sweet on each other a while ago. I am writing a novel and would be grateful for your ideas. Thank you.
Submitted: 10 months ago.
Category: Law
Expert:  Jo C. replied 10 months ago.

Is there any reason you think he may be charged with anything other than murder?

Are you thinking of provocation?

Customer: replied 10 months ago.
I don't think you can say it was provocation. He didn't intend to kill it was an unfortunate thing his brother, Ed, fell onto the gravestone. It was in full view of everyone though at a distance. They had angry words and then Robert pushed him hard in the chest. Ed fell. Is that murder? If it is then it wasn't premeditated. Robert has epilepsy and a massive chip on his shoulder. They are from a poor background and Robert has 3 kids who will be looked after by his mother.
Expert:  Jo C. replied 10 months ago.

What were the angry words?

Customer: replied 10 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 10 months ago.
No witnesses as out of earshot. At graveside Robert picked up soil to throw onto wife's coffin but went into a bit of a trance. His mum, Lilly, nudged Ed who was standing next to R to get him to throw the soil. Ed misunderstands and picks up soil and throws it on coffin first. R turns abruptly and walks off fast. Lilly tells Ed to go and talk to him and get him to come back.So Robert reports that he tells Ed 'You're always there when you're not wanted. Always there trying to make me look small.' He reports that Ed said something about how R was just upset because of losing Gertie and 'you don't need to say anything that you might regret.' R reports that he could see that Ed meant that he, Ed, was trying not to say anything that he might regret saying. R reported that he said 'I never really had her though did I? It was you that should have married her. But you were always too slow off the mark. And me I was always too fast.' R reports that Ed then gave him a look and said 'Fast in some ways but bloody slow in lots of ways.' Then Robert hits him in the chest hard. No need to phone me...ta.
Expert:  Jo C. replied 10 months ago.

On the face of it that is just plain murder contrary to common law then.

There was, at that time, a defence of provocation that would have reduced it to manslaughter but it isn't made out here.

There might be a defence in arguing that he didn't intend to cause GBH by these actions and so murder is not made out if that is accepted but the only charge that could realistically be brought here is murder.

I suppose there could be a gross negligence manslaughter but it isn't likely here.

Can I clarify anything for you?

Jo

Customer: replied 10 months ago.
Thanks. So how long might he be sentenced for and if good behaviour how long actually serve? And what might be a realistic amount of time between arrest and judgement? Would it be trial by jury?
Expert:  Jo C. replied 10 months ago.

Murder is always life.

At that time the punishment would have been hanging as well unless the exceptions were found.

Jo C., Barrister
Category: Law
Satisfied Customers: 69775
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions