Then you should probably stop your hijack. Move along, nothing to see here.
What about the players of valved brass instruments? Won’t someone think of the trumpeters?
Then you should have made a more detailed and reasoned response rather than just saying “this is not correct.”
No, it means that it should be compulsary for everyone to carry replica guns.
He charged some gunmen with just a knife… I don’t think so
I live in NSW too, I’ll be very careful the next time I commit a crime.
While they may have been on the premises lawfully, by invitation, threatening to assault with a weapon someone who doesn’t know it’s a “play” is likely a crime.
How would the case be different if instead they had to climb up the wall to get to the apartment and one of the fake burglars fell to his death?
Depending on the exact distances involved, it may not be as crazy as it sounds. If the knife-wielder can get inside the reach of the guy with the handgun, it gets ugly for the gunman very quickly. Law enforcement training has often referred to a “21 foot rule” in relation to edged weapons–an average attacker on level ground can cover 21 feet in the time it takes an average officer to draw a holstered pistol and snap off two shots.
If the pistol is already drawn, but not aimed, that distance is reduced, of course. It’s still not a safe bet in even moderately close quarters, though. It probably starts getting dicey (sorry) at about 10 feet. Less than 7 feet, and the gunman is in trouble if it’s not already aimed. (If it is, the knife-wielder is pretty much gambling that the first shot will miss.)
Dan Inosanto did a set of demonstrations for police years ago. The relevant part, with simulated knife attacks from different ranges, starts here. (Though the rest of it is worth watching, too.) Mythbusters has a segment with similar tests.
That’s fucked up; I’d have thought that would be worker’s comp case, not assault.
And given that the “gunman” knew it was a fake and was just trying to scare the guy, I suspect he wasn’t trying too hard to aim it but just waved the “gun” in the husband’s direction.
Yes, he had quite an unpleasant surprise.
Not different at all? Either way, the conspirators sent him into foreseeably dangerous circumstances, in the commission of a crime.
For those wanting more meat on the felony murder doctrine:
Guy robs bank, gets away.
Police put out call for officer(s) to respond.
Cop, responding to said call, loses control of his car and dies in the ensuring crash.
The robber just murdered a cop.
Yes, this has happened in the USA. Don’t remember when/where - it was a buzz on the 'net a few (5?) years ago.
I would think there would be some proximate-cause-like requirement in most jurisdictions.
When this finally makes its way to L&O:SVU, the final twist will be that the ex-husband *knew *she was sending the fake burglars-- duhn-duhn– and that if he killed one of them, his scheming ex-wife would go to prison for murder. Hubby admits this to someone he shouldn’t, gets cuffed, makes a lunge at ex-wifey, gets dragged away yelling. Cut to Dick Wolf credit.
Cite? I would be interested to read more.
But it looks like the other accomplices, who I assume was coming with him on the fake burglary, also got charged for murder?
So if two guys decide to rob a bank and one of them is killed, the other gets charged with murder? Does that happen?
Yes.
This story may help clarify the underlying concept: one person may do stuff and just be an evil jerk, but when people get together to do stuff, some of the participants might be the not-so-evil types that would not do such stuff of their own accord but the group setting moves them to do that stuff. Hence, the idea is to provide a stronger disincentive toward conspiratorial nastiness, as well as gang violence. Some people may suffer unfairly of it, but the world is full of unfairness.
I don’t understand. Nobody gets shot on the courtroom steps?
Not long ago a news helicopter crashed while covering someone (car chase?), and there was squawk of charging the guy with murder. It didn’t go anywhere.
Here’s an interesting case from the UK. It was the basis for the harrowing movie Let Him Have It. The cop shooter was underaged, and escaped the death penalty, and his accomplice was hanged.