Man found guilty of attempting to murder a corpse

Man found guilty of attempting to murder a corpse
Published: 2015 October 31 08:54:28 (10554 Views)
A man in Melbourne, Australia, has been found guilty of attempting to murder a corpse.

Daniel Darrington claimed he was having an argument with Rocky Matskassy, which escalated into a struggle.

A gun accidentally went off, with the bullet hitting Matskassy.

Thinking that the first, accidental shot had killed Matskassy, Darrington then shot him again.

Darrington's defence barrister John Desmond argued in court that as it can not be proven beyond reasonable doubt that Matskassy was not already dead when the second shot was fired, Darrington cannot be found guilty of his murder

'The issue is not did Darrington believe the man was alive. The issue is was he factually dead,' Desmond said.

He went on to give some complicated legal-talk, but it was accepted by the jury.



'If someone's already dead and you then try to kill him, how can that be attempted murder?' he asked.

'But the law in this state is because you have the criminal intent to kill and if you, the accused, thought the person was alive, even if he was in fact dead, the law says that would be attempted murder.

'So just to quickly repeat – if Matskassy dies as a consequence of the first shot, the subsequent deliberate shots into Matskassy are not murder.'

Darrington reportedly told police he thought Matskanny was still alive after the first shot, and that he fired the second shot 'because the deceased was suffering', according to the prosecutor.

The jury found Darrington not guilty of murder or manslaughter, however they did find him guilty of attempted murder (even though the man he was attempting to murder was already thought to have been dead).

He will be sentenced at a later date.

Plastic sheeting was found covering Darrington's car interior, however he denied planning to dispose of a body, claiming that he wanted to take Matskassy to hospital but didn't want to get his car covered in blood.



Source - Metro

Tags: corpse, court,
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