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CS - could Clayton get off?
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Adrian_Ward1
18-07-2016
Phelan killing Clayton sounds good
Janet43
18-07-2016
Originally Posted by jackol:
“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.”

http://www.cps.gov.uk/legal/h_to_k/h..._manslaughter/

".................... Subject to three exceptions (see Voluntary Manslaughter below) the crime of murder is committed, where a person:

of sound mind and discretion (i.e. sane);
unlawfully kills (i.e. not self-defence or other justified killing);........................."

BIB is what happened in the case of Kylie preventing Callum from strangling Sarah - a justified killing. If she'd gone for assistance, Sarah would have been dead. Therefore not murder.
scone
18-07-2016
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?”

I don't think being stabbed to death is getting away with it.
Adrian_Ward1
18-07-2016
He needs locking up.
davads
18-07-2016
Originally Posted by scone:
“I don't think being stabbed to death is getting away with it.”

Her own killer. The OP means Clayton.
scone
18-07-2016
Originally Posted by davads:
“Her own killer. The OP means Clayton.”

Er... yes I do understand.

Kylie did not get away with Callum's murder, she is not living it up in Barbados, she was stabbed to death. Hardly "getting away with it" is it?
k9fan
18-07-2016
Originally Posted by scone:
“Er... yes I do understand.

Kylie did not get away with Callum's murder, she is not living it up in Barbados, she was stabbed to death. Hardly "getting away with it" is it?”

She did get away with having killed someone, just as she, David and Sarah, so far, have got away with concealing Callum's body thus not allowing it to have a lawful burial.
She was stabbed by a different person after she attacked him.
scone
18-07-2016
Originally Posted by k9fan:
“She did get away with having killed someone, just as she, David and Sarah, so far, have got away with concealing Callum's body thus not allowing it to have a lawful burial.
She was stabbed by a different person after she attacked him.”

Like I said, she hasn't got away with it, because she is now dead, doesn't matter who killed her or how she died, she is dead. Getting away with it is living for years and years and years and living a fullfilling life, therefore she hasn't got away with it in my opinion, if she had gone to Barbados then she would have got away with it, but she hasn't.

Just because she hasn't been charged and sentenced for Calum's murder, does not mean that she has got away with it.
penelope_smith
18-07-2016
Originally Posted by KornerKabin:
“So Clayton kills someone, goes on the run and ends up ... in the builders yard at the end of the street?

Riiiiiiiiight.”

Riiiiiight agree..........As if(idiot that he is) he would go back to the street.......he now knows he has killed her, that Gemma and Craig saw him beat up Gemma and knifed K

He will naturally try to go on the run.(not the street) and david will persue him for a few episodes.....

He was carrying a knife so doubt it will be manslaughter..yet murder was not the idiots intent,

Nothing can best the sad sad scene.of Friday
penelope_smith
18-07-2016
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.”

ut want murder J-B it was manslaughter
davejc64
18-07-2016
Originally Posted by Adrian_Ward1:
“Phelan killing Clayton sounds good”

A law-abiding upstanding pillar of the community like Phelan would not kill anyone, so no that would not be good.
Happy_Mummy
18-07-2016
Loads of people know what he looks like it's silly. He was in the pub harassing Kate, Caz threw him out. Cheney knows him as he's seen him bothering Gemma in shop,
Doctor Bench
18-07-2016
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.”

And Clayton's not a murderer? Are you taking the piss or do you genuinely have such a warped sense of justice?
davejc64
18-07-2016
Originally Posted by Doctor Bench:
“And Clayton's not a murderer? Are you taking the piss or do you genuinely have such a warped sense of justice?”

It's J-B, he is just having a laugh, nothing to get upset about.
Doctor Bench
18-07-2016
Originally Posted by penelope_smith:
“ut want murder J-B it was manslaughter”

He knows. He's taking the piss in typical JB mode. Allow him.
jackol
18-07-2016
Originally Posted by Janet43:
“http://www.cps.gov.uk/legal/h_to_k/h..._manslaughter/

".................... Subject to three exceptions (see Voluntary Manslaughter below) the crime of murder is committed, where a person:

of sound mind and discretion (i.e. sane);
unlawfully kills (i.e. not self-defence or other justified killing);........................."

BIB is what happened in the case of Kylie preventing Callum from strangling Sarah - a justified killing. If she'd gone for assistance, Sarah would have been dead. Therefore not murder.”

As i said in British Law there is no such charge as Justifiable Homicide.Kylie would have faced a murder charge initially but a Barrister may try and argue for Manslaughter. As it stands her charge would be murder.
ally08
18-07-2016
I don't think the spoiler mentioned before will happen and I think Clayton, (Clayton really) will end up on remand facing charges.

Well I hope this happens so that Macca Pacca can come back and threaten Craig by saying he will make him wear that flat cap if he testifies.

Then Beth will show him the true meaning of chav and he will go into the shellsuit protection scheme.

Clayton will go to prison where he will be mocked for his stupid name and thinking that stealing £36 from a kebab shop is worth stabbing someone for.
ewoodie
18-07-2016
If Clayton is arrested, charged and stands trial - will Corrie actually cover it? Or will they just leave it at him being arrested and charged?

Is there any CCTV outside or inside any of the businesses which could help with the case and identify the killer?
k9fan
18-07-2016
Originally Posted by ewoodie;83220673[B:
“]If Clayton is arrested, charged and stands trial - will Corrie actually cover it? Or will they just leave it at him being arrested and charged?
[/b]
Is there any CCTV outside or inside any of the businesses which could help with the case and identify the killer?”

Good questions; I don't think Frank Foster's mother's trial was shown.
ally08
18-07-2016
Was Chesney there when Kylie shouted "Clayton, what have you done?" Craig was for sure.
Janet43
18-07-2016
Originally Posted by jackol:
“As i said in British Law there is no such charge as Justifiable Homicide.Kylie would have faced a murder charge initially but a Barrister may try and argue for Manslaughter. As it stands her charge would be murder.”

That quote is from the British Criminal Prosecuion Service on homicide murder and manslaughter. Chances are they would decide not to bring charges against Kylie because a murder charge is brought if someone:

"unlawfully kills (i.e. not self-defence or other justified killing)"

and the killing of Callum was to save Sarah from being killed, so it was a justified killing in that Kylie was defending Sarah who could not defend herself. Or would you have preferred that Callum had succeeded in strangling Sarah?

And even if it did get to court, chances are a jury would find her not guilty.
callumfreeman
18-07-2016
Originally Posted by Janet43:
“That quote is from the British Criminal Prosecuion Service on homicide murder and manslaughter. Chances are they would decide not to bring charges against Kylie because a murder charge is brought if someone:

"unlawfully kills (i.e. not self-defence or other justified killing)"

and the killing of Callum was to save Sarah from being killed, so it was a justified killing in that Kylie was defending Sarah who could not defend herself. Or would you have preferred that Callum had succeeded in strangling Sarah?”

She would have to explain why they stuffed his corpse down a manhole and kept his death concealed for months. It doesn't matter what we saw, it is whether or not anyone will believe it.

And seeing as this is the same police who blamed Joe's accidental death on Gail murdering him, I don't see why they would let Kylie off.
jackol
19-07-2016
Originally Posted by Janet43:
“That quote is from the British Criminal Prosecuion Service on homicide murder and manslaughter. Chances are they would decide not to bring charges against Kylie because a murder charge is brought if someone:

"unlawfully kills (i.e. not self-defence or other justified killing)"

and the killing of Callum was to save Sarah from being killed, so it was a justified killing in that Kylie was defending Sarah who could not defend herself. Or would you have preferred that Callum had succeeded in strangling Sarah?

And even if it did get to court, chances are a jury would find her not guilty.”

Janet have you ever worked in the field of law? That statement alone tells me no
I cannot argue this point with you anymore as it is a lot simpler that you refuse to realise.
How on earth could a Jury find her Not Guilty? Do you mean out of compassion? A Jury acts on evidence they have heard and the evidence easily proves her guilt?
Janet43
19-07-2016
Originally Posted by jackol:
“Janet have you ever worked in the field of law? That statement alone tells me no.
I cannot argue this point with you anymore as it is a lot simpler that you refuse to realise.
How on earth could a Jury find her Not Guilty? Do you mean out of compassion? A Jury acts on evidence they have heard and the evidence easily proves her guilt?”

I have actually. Worked for a barrister for three months between years at uni researching a few cases for him.

I assume that, if it got that far, they would give evidence that she was saving Sarah's life. If they didn't then the defence lawyer wouldn't be doing his job. Then if I and many others on here were on the jury, we would find her not guilty. Wouldn't be worth the CPS risking that.
jackol
19-07-2016
Originally Posted by Janet43:
“I have actually. Worked for a barrister for three months between years at uni researching a few cases for him.

I assume that, if it got that far, they would give evidence that she was saving Sarah's life. If they didn't then the defence lawyer wouldn't be doing his job. Then if I and many others on here were on the jury, we would find her not guilty. Wouldn't be worth the CPS risking that.”

You are forgetting the CPS evidence When deciding o n a charge the CPS take an awful lot into account.The fact Callum was lured there, the fact the body was concealed all points to guilt. The CPS dont just look at the actual crime.
The Jury would be directed by the Judge.
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