Quote:
Originally Posted by penner2k
uh... what I dont get is how can they charge anyone with first degree murder of the innocent guy?
I dont think they planned on killing that guy. Whoever ordered that hit didnt know that guy was there so they couldnt have contracted them to kill him. He wasnt a cop.
And so on.
Maybe I'm reading this wrong and someone can correct me. But I think they should be charging them with first degree murder for everyone but the plumber guy. That should be second degree. Dont get me wrong. I want them to throw the book at these guys. I'd hate for them to get away with the one murder that actually really mattered though.
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section 231(5) reads that even if it wasn't planned and deliberate, it is first degree murder if they are attempting or committing the offense you listed. If a death results from those acts they are guilty regardless of any pre-planning.
I am assuming the individuals charged went in with the clear intention of kidnapping or at least forcibly confining anyone inside with the clear intent to hold them against their will. section 279(1)a. That act resulted in the eventual death of those inside. So they may not have pre-planned to kill the plumber guy but they still intended to kiddnap everyone inside.
or you can argue that they fully went inside to kill everyone inside, and from the very beginning they planned to kill everyone inside even though they didn't know who was going to be there. The plan wasn't to kill certain individuals but all individuals inside.