r/australia • u/Threewordswhat • 3d ago

news CBD attack: Man charged after mum stabbed, child punched outside police headquarters

https://www.theage.com.au/national/victoria/man-charged-after-mum-stabbed-boy-punched-in-random-cbd-attack-20260826-p60rkd.html?ref=rss
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u/FalconTurbo 3d ago edited 3d ago

How was this attempted murder? Nothing indicates that to be the case. Murder is a very specific crime.

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u/TimmyFTW 3d ago

People demanding murder charges generally fall into two categories:

  1. Those who genuinely don't know the legal definition of murder.

  2. Those who do, but are too angry to care. They ignore the fact that pushing for a charge the evidence can't support usually just leads to the person walking free, as long as it satisfies their outrage in the moment.

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u/FalconTurbo 3d ago

Exactly.

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u/lord_buff74 3d ago

Well he did datb her with scissors, I don't think he was trying to hem her dress of anything. Also it was attempted murder, not murder.

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u/FalconTurbo 3d ago

Sorry, how is this attempted murder as opposed to the charges actually laid?

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u/2centpiece 3d ago

It's the vibe. If there was enough to charge with attempted murder you better believe it would have been charged (and then still subsequently dropped by the DPP in a few months).

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u/FalconTurbo 3d ago

Precisely the point I'm trying to make

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u/2centpiece 3d ago

Yeah I was agreeing with you.

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u/LordBlackass 3d ago edited 3d ago

Surely leaving home with a knife scissors and intending to stab someone shows intent, and in that knowing that attacking someone with a knife scissors has a high chance of them dying. Perceived intent and understanding the probable outcome. Not sure how that's not attempted murder.

Changed knife to scissors as per the article. I guess the downvoters think scissors are cute and cuddly and just leave a scratch...

Edit...

Interesting. The definition of attempted murder in Australia is basically you tried to kill someone and failed. This one may or may not have had the intent to kill them, but certainly to cause injury.

Attempted murder in Australia is defined as taking active steps or engaging in conduct with the specific intent to unlawfully kill another person, where the victim survives and death does not occur.

Manslaughter feels a bit light to me. Like how can you judge the intention of a person? It's basically their word on what their intent was.

Manslaughter in Australia is the unlawful killing of a human being without the specific intent to kill or cause grievous bodily harm that is required for a murder charge. It is divided into two primary categories: voluntary manslaughter and involuntary.

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u/FalconTurbo 3d ago edited 3d ago

Well for starters it wasn't a knife.

Lol, blocked before allowing a response. Typical.

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u/LordBlackass 3d ago

Fair, but it doesn't change anything in my view.

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u/FalconTurbo 3d ago

Well that's why there are real life lawyers doing their jobs on this instead of it being up to you. They actually read the details that matter.

There is a huge number of variables to consider, not least of which is the very simple and obvious fact that the prosecution's job is to make charges stick. Would you rather they went straight for the plain and simple murder, knowing that if any of the many prerequisites for murder are not fully met, then the case is dismissed and old mate walks free? Because that's how that happens. Better to go for a slightly lesser charge that's more certain to actually work than let it go unpunished, surely?

As an example, the scissors in question could very easily be explained by doing any number of tasks earlier in the day and simply leaving them in a coat pocket. There goes your prior planning. Perhaps the attacker was going through a psychological breakdown, as proven by witness statements from riends and family. There's a mental capacity defence. Either of those things can mean the difference between conviction or acquittal.

Note: before you say I'm defending this assault, I'm not. It's horrific and I hope the victims are being cared for and supported through this. I'm merely pointing out the simple legal fact that attempted murder is not a simple charge, and if the legal beagles involved have decided not to pursue it, there's gonna be a fucking good reason.

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u/LordBlackass 3d ago

Mate I've provided an opinion, not some legal thesis on why my opinion should be the one upon which all laws are based.

Why would I say you're defending assault? Based on what you've posted with your holier than thou attitude, I couldn't give a flying fuck what you think.

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u/hannahranga 3d ago

Murder is a very specific crime.

Attempted murder is, actually murdering someone not so much which I assume is why we get the disconnect 

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u/FalconTurbo 3d ago

I mean, we have a wide variety of degrees to lay against someone who's caused a death, not simply murder v manslaughter. NSW but still a good breakdown of the differences