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Originally posted by DaBeeeenster
I agree shock can and would have had an effect, but I really dont think that satisfies a reasonable doubt in my mind that he was aware of what he was doing. I guess that's just a moral position. I dont think "I was drunk" is an excuse for bad or violent behavious, and I think the same goes for shock.
I dont think it's fair comparing two quite different mental states; your friend must have been hurt for an amulance to be called, and so it becomes a totally different matter; they are two very different states of mind.
Looking at the case again I still think he is guilty of manslaughtler for leaving Barras to die. According to the repoorts it took him 20 minutes to die; I cant imagine he would have been quiet for those 20 minutes...
Can you be sure,
Quote:
Originally posted by DaBeeeenster
Unless he was immediately knocked unconcious for a period of time, it's a 99% certainty that Martin would have heard him, surely?
How do you get to 99%? I mean, if you're going to quantify that probability, how do you get to that? How big are the grounds to Martin's house? It is, after all, a farmhouse with numerous outbuildings and even then, it absolutely covered in dense undergrowth. How thorough a search of the surrounding shrubs and bushes is Martin supposed to have carried out? What state was Barras in? If he was screaming in pain, maybe Martin should have heard him. But maybe he had collapsed in the bushes, unconscious, from loss of blood. He did, after all, have serious shotgun wounds!