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JGM, Solicitor
Category: Law
Satisfied Customers: 12087
Experience:  30 years as a practising solicitor.
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Person threatened with a knife, When defending themselves they

Customer Question

Person threatened with a knife, When defending themselves they fall under a lorry and die.
person lifts knife and runs off. CCTC shows this. Person only charged with threat. Still in hands of PF. Surely if you threaten someone and it causes there death they should be charged with at least manslaughter???
Submitted: 3 years ago.
Category: Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
There is no such crime as manslaughter in Scotland. There are various degrees of homicide.
From what you say here, the assailant has to take the victim as found and he caused the victim to be killed.
My view here, and I have had it confirmed with a senior criminal lawyer this morning is that the initial charge should be murder with a view to getting a conviction for culpable homicide as an alternative.
I hope this helps.
Please leave a positive response so that I am credited for my time.