Ben Roberts-Smith

[Jerry_Atrick]

Sorry Spacey.. that is not a point at all... Just because someone kills someone does not mean they are guilty of murder... But, if two people are invovled in the same killing, it is entirely feasible that one is guilty of murder and one of the lesser offence, or may be not guilty due to the cicrumstances..

 

The law is complex to make sure those that are only guilty of intentionally (or in the case of NSW, with reckless indifference to human life) are found guilty and we don't find people who fall short of the criminal liability for murder are not found guilty of it. Note, both intention and reckless have specific meanings in law that are narrower than normal parlance.

 

That doesn't mean they won't be found guilty of another offence related to killing a person.

 

 

Edited May 27 by Jerry_Atrick

[spacesailor]

HE .!

Admitted,  he murdered a civilian. 

But as he was not B R S . HE IS INNOCENT .

Does not compute . in my life .

spacesailor

 

[octave]

51 minutes ago, spacesailor said:

But as he was not B R S . HE IS INNOCENT

There has not been a trial.  The court case was for defamation, and the recent court case was an unsuccessful attempt by BRS to overturn the previous case. My understanding is that as yet, no one has been charged with murder.

 

Ben Roberts-Smith loses appeal bid to overturn defamation case loss, signals High Court challenge

Edited May 28 by octave

[Jerry_Atrick]

This is true, but in finding for the defendants, the judge has said BR-S has been proven on the balance of probabilities to have committed a war crime and also illegally killed a person.. This would have been necessary for the defence to succeed. It is not proven to the criminal standard.

 

When Chump was sued for damages for rape, it was proven to the same standard. He has not been found criminally liable for rape, so can't technically be called a rapist

 

1 hour ago, spacesailor said:

Does not compute . in my life .

That's why you should leave it to the professionals 

Edited May 28 by Jerry_Atrick