Pilot Charged With Manslaughter In Crash

[Admin]

In the Aircraft Pilots News Section:

 

http://www.recreationalflying.com/threads/pilot-charged-with-manslaughter-in-crash.33963/

 

 

[Guest pookemon]

"Involuntary Manslaughter"

 

Isn't the definition of Manslaughter that the death is involuntary?

 

The law generally differentiates between levels of criminal culpability based on the mens rea, or state of mind. This is particularly true within the law of homicide, where murder requires either the intent to kill – a state of mind called malice, or malice aforethought – or the knowledge that one's actions are likely to result in death; manslaughter, on the other hand, requires a lack of any prior intention to kill or create a deadly situation.

Perhaps his defense should be "There's no such thing as Voluntary Manslaughter".

 

 

[Exadios]

"Involuntary Manslaughter"Isn't the definition of Manslaughter that the death is involuntary?

 

Perhaps his defense should be "There's no such thing as Voluntary Manslaughter".

The principle difference between voluntary and involuntary manslaughter is the issue of malice.

 

 

[old man emu]

You can't try to compare US criminal indictments with Australian criminal indictments. They seem to have a multitude of graduations in their crimes.

 

As I recall it, the NSW definition of manslaughter involves "a lawful act done dangerously, or an unlawful act done negligently". The underlying assumption that differentiates murder from manslaughter is that murder is the result of a deliberate act (shooting, knifing, bombing, poisoning) done with intent to kill, whereas manslaughter is a killing that results from an act or omission which was done without any intention to cause a death.

 

Basically you could say that a murderer intends to kill, but someone convicted of manslaughter is either a simple dumb-ass or a a rule bender.

 

OME

 

 

[kaz3g]

You can't try to compare US criminal indictments with Australian criminal indictments. They seem to have a multitude of graduations in their crimes.As I recall it, the NSW definition of manslaughter involves "a lawful act done dangerously, or an unlawful act done negligently". The underlying assumption that differentiates murder from manslaughter is that murder is the result of a deliberate act (shooting, knifing, bombing, poisoning) done with intent to kill, whereas manslaughter is a killing that results from an act or omission which was done without any intention to cause a death.

 

Basically you could say that a murderer intends to kill, but someone convicted of manslaughter is either a simple dumb-ass or a a rule bender.

 

OME

Very true, OME, very true

 

In this case he was reckless as to the likely outcome of his actions and those actions resulted in a person's death even though he didn't intend this.

 

How tragic it was his little daughter?

 

kaz

 

 

[J170 Owner]

After reading the story, I can only call the pilot a dickhead.

 

 

[old man emu]

After reading the story, I can only call the pilot a dickhead.

Ergo, "someone convicted of manslaughter is either a simple dumb-ass or a a rule bender."

 

How many people with this type of mentality have you come across in aviation, be it General or RAA? This bloke was not Robinson Crusoe.

 

OME

 

 

[shags_j]

I wrote about this in my blog. There was a thread on RA talking about fees and how there are many supposedly flying unlicensed. I assume these people would need to be cautious of the same thing.

 

 

[turboplanner]

Australians have already been convicted of Manslaughter in the construction and transport industries. Aviation doesn't have any exemption from this, so if you are a person of reasonable intelligence and know that what you are doing is wrong, be prepared for a 6 1/2 year holiday, and a depletion of your bank account.

 

 

[dutchroll]

There was a thread on RA talking about fees and how there are many supposedly flying unlicensed. I assume these people would need to be cautious of the same thing.

If they are flying unlicenced they probably need to grow a brain firstly, and worry about the other stuff later.

 

 

[winsor68]

I have always thought it ironic that a mother who allows her baby to drown in a bucket is not charged with manslaughter... Sounds harsh and I don't even want to think about it but I hear about it all the time... 2 little ones drowned in Mackay just recently... I can't help but wonder how this happens given the prevalence of warnings about this sort of thing...

 

(my apologies if you have had an experience with this- I haven't... it has always just baffled me)

 

 

[G-OMER]

its a shame this happened and could have proberbly happened even if he had been licenced to fly that type, he made an error or a number of errors on approach. he will have to live with this now for the rest of....

 

 

[turboplanner]

I have always thought it ironic that a mother who allows her baby to drown in a bucket is not charged with manslaughter... Sounds harsh and I don't even want to think about it but I hear about it all the time... 2 little ones drowned in Mackay just recently... I can't help but wonder how this happens given the prevalence of warnings about this sort of thing...(my apologies if you have had an experience with this- I haven't... it has always just baffled me)

You have to be guilty of culpable negligence which involves a degree of knowing that what you were doing was wrong. So, for example you were prone to fuel exhaustions because you never bothered planning - that was for wooses, you always found a paddock, and the CFI had warned you this was dangerous, but you persisted, had a fuel exhaustion and killed a passenger.