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CS - could Clayton get off?
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callumfreeman
17-07-2016
Would be interesting. I mean when you think about it, Kylie got off with killing Callum so what if her own killer got off as well?
davads
17-07-2016
I'm sure he'll be convicted but I think it'll be dealt with in a fairly low-key manner or even, as I suggested on another thread, happen off-screen and just be referred to in passing. Reason being I don't think Clayton is really the "story" - yes, he has a link with Callum but it could frankly have been any random scally that killed Kylie. He was a means to an end, dramatically.

I expect the focus will now shift to how David rebuilds his and his family's life. It's not like Kylie's murder is a big "whodunnit", nor is Clayton some big iconic soap villain that we're all desperately waiting to have his comeuppance.
Janet Plank
17-07-2016
Clayton is not clever enough to get off with it; but will the truth about Callum's death now be told? Clayton killed a murderer, so will that get him a light sentence as mitigating circumstances?.
Matt35
17-07-2016
Originally Posted by Janet Plank:
“Clayton is not clever enough to get off with it; but will the truth about Callum's death now be told? Clayton killed a murderer, so will that get him a light sentence as mitigating circumstances?.”

First of all it wasn't murder since callum was attacking sarah at the time second no one knows kylie killed callum and even if they did how would that get him a lighter sentence?
lylonic_x
17-07-2016
Having read:

Spoiler
David and Clayton end up fighting in the yard


I think Clayton will end up dead himself and:

Spoiler
Pat will end up killing him and then David will be in his debt, bit like Jason was
KornerKabin
17-07-2016
So Clayton kills someone, goes on the run and ends up ... in the builders yard at the end of the street?

Riiiiiiiiight.
k9fan
17-07-2016
Originally Posted by callumfreeman:
“Would be interesting. I mean when you think about it, Kylie got off with killing Callum so what if her own killer got off as well?”

If Craig does not identify him as the killer, then no one could be a witness to the killing.
misty cloud
17-07-2016
Originally Posted by k9fan:
“If Craig does not identify him as the killer, then no one could be a witness to the killing.”

Without Craig it could be circumstantial evidence - unless they find the weapon? Clayton didn't threaten Gemma with a knife did he?
SULLA
17-07-2016
Daft question.
J-B
17-07-2016
I doubt he'd be charged - he was having an altercation in the street then a murderer comes steaming in, he was right to defend himself from Murderous Kylie.
Janet Plank
17-07-2016
Originally Posted by Matt35:
“First of all it wasn't murder since callum was attacking sarah at the time second no one knows kylie killed callum and even if they did how would that get him a lighter sentence?”

I just wondered if it is a crime to kill a killer; an interesting legal point.
Janet43
17-07-2016
Originally Posted by J-B:
“I doubt he'd be charged - he was having an altercation in the street then a murderer comes steaming in, he was right to defend himself from Murderous Kylie.”

Kylie was not a murderer. She was defending another person whose life was in danger, which is allowed under the law. She was guilty of manslaughter - she did not arrive at the house with a weapon intending to use it - she found Tony's wrench on the stairs and grabbed it as the nearest object to stop Callum killing Sarah. She was also guilty of the unlawful disposal of a body.

Clayton went to the kebab shop with intent to commit a crime - rob it - and with a weapon. Therefore he is guilty of murder.
J-B
17-07-2016
Originally Posted by Janet43:
“Kylie was not a murderer. She was defending another person whose life was in danger, which is allowed under the law. She was guilty of manslaughter - she did not arrive at the house with a weapon intending to use it - she found Tony's wrench on the stairs and grabbed it as the nearest object to stop Callum killing Sarah. She was also guilty of the unlawful disposal of a body.

Clayton went to the kebab shop with intent to commit a crime - rob it - and with a weapon. Therefore he is guilty of murder.”

Murder is murder, Janet. No two ways about it. Poor Max having two murderers for parents. His mother murdered his dad, and his dad murdered every line that was written for him.

Thanks.
Matt35
17-07-2016
Originally Posted by J-B:
“Murder is murder, Janet. No two ways about it. Poor Max having two murderers for parents. His mother murdered his dad, and his dad murdered every line that was written for him.

Thanks.”

How was kylie a murderer? Callum was attacking sarah and kylie saved her.
J-B
17-07-2016
Originally Posted by Matt35:
“How was kylie a murderer? Callum was attacking sarah and kylie saved her.”

Honestly I have no idea. I normally just post whatever comes into my head at any given moment. I'm quite sure about Kylie being a murderer though, there's no two ways about that one.
Janet43
17-07-2016
Originally Posted by J-B:
“Murder is murder, Janet. No two ways about it. Poor Max having two murderers for parents. His mother murdered his dad, and his dad murdered every line that was written for him.

Thanks.”

No. We have two crimes involving death in this country - murder and manslaughter. Manslaughter is when a death occurs when there was no intent to do harm. Kylie did not enter the house intending to kill Callum. Nor did she have a weapon with her in order to kill or even harm.

Therefore it was manslaughter or perhaps justifiable homicide, which is not a crime..
Justifiable homicide occurs when "it is justified when it prevents greater harm to innocents.". That was the case with Sarah, Kylie and Callum.

Thanks.
owen10
17-07-2016
I dont think Clayton will get off, as they were witnesses at the time and also he attacked Gemma and put her in hospital. Also he has killed someone, not intentionally but he still killed someone and he ran from the scene so thats admitting his guilt. and he has probably got a criminal record, so i cant seeing him been found not guilty
Janet43
17-07-2016
Originally Posted by owen10:
“I dont think Clayton will get off, as they were witnesses at the time and also he attacked Gemma and put her in hospital. Also he has killed someone, not intentionally but he still killed someone and he ran from the scene so thats admitting his guilt. and he has probably got a criminal record, so i cant seeing him been found not guilty”

Also he was carrying a weapon and used it.
jackol
17-07-2016
Originally Posted by Janet43:
“No. We have two crimes involving death in this country - murder and manslaughter. Manslaughter is when a death occurs when there was no intent to do harm. Kylie did not enter the house intending to kill Callum. Nor did she have a weapon with her in order to kill or even harm.

Therefore it was manslaughter or perhaps justifiable homicide, which is not a crime..
Justifiable homicide occurs when "it is justified when it prevents greater harm to innocents.". That was the case with Sarah, Kylie and Callum.

Thanks.”

No such crime in British Law. She would have been charged with murder under the Use of Force Against Those Committing A Crime. She would have been allowed to use reasonable force ( she didnt) to prevent the crime, She could have seeked assitance, she didnt.
jackol
17-07-2016
Originally Posted by misty cloud:
“Without Craig it could be circumstantial evidence - unless they find the weapon? Clayton didn't threaten Gemma with a knife did he?”

Highly unlikely!! The knife would have his dna on it
Teabag84
17-07-2016
Murder is pre meditated. Manslaughter is more tricky. I could have an accident in my car and the other person does, and I'm in prison for manslaughter because it was an accident but ultimately my fault in eyes of law. Manslaughter also covers self defence. You could be done for manslaughter and let off for self defence.
Ultimately it would fall down to the judge/jury.
owen10
17-07-2016
Originally Posted by misty cloud:
“Without Craig it could be circumstantial evidence - unless they find the weapon? Clayton didn't threaten Gemma with a knife did he?”

Do you think Clayton might threaten Craig to stop him giving evidence
davads
17-07-2016
Originally Posted by Janet Plank:
“I just wondered if it is a crime to kill a killer; an interesting legal point.”

I'm pretty sure it is - otherwise you'd just have a "vigilante" society with people taking the law into their own hands and bypassing the proper legal process.

I guess a sentence might end up less severe, though.
k9fan
17-07-2016
Originally Posted by davads:
“I'm pretty sure it is - otherwise you'd just have a "vigilante" society with people taking the law into their own hands and bypassing the proper legal process.

I guess a sentence might end up less severe, though.”

Indeed - to take someone's life is a crime whether or not it was intended.
Janet Plank
18-07-2016
Originally Posted by owen10:
“Do you think Clayton might threaten Craig to stop him giving evidence”

I got the feeling that Beth was going to persuade Craig not to give evidence, probably fearing retribution from Clayton's friends.
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