One Punch

[RedHand88]

The headline of nearly every article online makes mention of the fact that he appears to have left the chap unresponsive for so long. Difficult to muster much sympathy if that indeed proves to be the case. As said above its generally the fall that does the damage. If you are 6 foot tall and you go down like you've been felled that's a long way for your head to travel towards a kerb at speed.

Leaving him on the road for 15 minutes and then propped up against the bar without calling an ambulance seem to be the 2 key points for the prosecution.

They wouldn't be factors in terms of securing the conviction but would be relevant to sentencing if an individual is convicted

That's interesting, didn't know that.

[tbrick18]

Absolutely tragic situation for all involved.

Really I wouldn't want to pass comment on either party as nobody here really knows what happened.
The sad truth is there is a family who have lost a father and another where the father is currently in prison.
There are no winners here no matter what the outcome.

Devastating for all involved.

The defence and prosecutors have agreed on the events reported in the media? All I see here is people talking about whats reported unless I'm missing something?

Not referring to anything anyone has said on here, its just a general comment.
I dont like the trial by media type stuff that happens in these cases and newspaper reports are just someone's version of events, not necessarily fact.
I feel sorry for all involved.

[David McKeown]

The headline of nearly every article online makes mention of the fact that he appears to have left the chap unresponsive for so long. Difficult to muster much sympathy if that indeed proves to be the case. As said above its generally the fall that does the damage. If you are 6 foot tall and you go down like you've been felled that's a long way for your head to travel towards a kerb at speed.

Leaving him on the road for 15 minutes and then propped up against the bar without calling an ambulance seem to be the 2 key points for the prosecution.

They wouldn't be factors in terms of securing the conviction but would be relevant to sentencing if an individual is convicted

That's interesting, didn't know that.

I see Mr Justice O'Hara the senior criminal judge made this exact point today in granting bail

[Milltown Row2]

The headline of nearly every article online makes mention of the fact that he appears to have left the chap unresponsive for so long. Difficult to muster much sympathy if that indeed proves to be the case. As said above its generally the fall that does the damage. If you are 6 foot tall and you go down like you've been felled that's a long way for your head to travel towards a kerb at speed.

Leaving him on the road for 15 minutes and then propped up against the bar without calling an ambulance seem to be the 2 key points for the prosecution.

They wouldn't be factors in terms of securing the conviction but would be relevant to sentencing if an individual is convicted

That's interesting, didn't know that.

I see Mr Justice O'Hara the senior criminal judge made this exact point today in granting bail

Must have been looking in here

[quit yo jibbajabba]

We all follow David for his legal expertise no shame in a judge doing likewise 😃
Sure its either David or thon Bcb1 gipe 😉😃

[cornerback]

https://www.belfasttelegraph.co.uk/sport/gaa/manslaughter-charge-against-former-derry-gaa-star-withdrawn/a410368988.html

[trailer]

https://www.belfasttelegraph.co.uk/sport/gaa/manslaughter-charge-against-former-derry-gaa-star-withdrawn/a410368988.html

Sad state of affairs for everyone.

[dec]

https://www.belfasttelegraph.co.uk/sport/gaa/manslaughter-charge-against-former-derry-gaa-star-withdrawn/a410368988.html

Previously, defence barrister Joe Brolly had contended that "it's as obvious a case of self-defence as I have come across in 30 years of practice as a criminal defence barrister".

[tyrone08]

Regardless of the legality of self defence or not his actions after it were horrendous. Who drags a human and dumps him at the side of a wall.

If you are in a car crash and leave you are charged with leaving the scene of an accident. How he got away with this I will never know

[David McKeown]

Regardless of the legality of self defence or not his actions after it were horrendous. Who drags a human and dumps him at the side of a wall.

If you are in a car crash and leave you are charged with leaving the scene of an accident. How he got away with this I will never know

It appears he didn't commit a crime

[imtommygunn]

Is it common in these kind of events that the person doesn't get charged David? Is this in any way related to the family not pursuing?

I don't know the ins and outs of how these things work but when I read about it I did think Doherty was in for a good few years at least in jail.

It's a very sad situation tbh. I doubt he meant to do what was done but leaving the boy there the way he did wasn't a good look either. No winners.

[David McKeown]

Is it common in these kind of events that the person doesn't get charged David? Is this in any way related to the family not pursuing?

I don't know the ins and outs of how these things work but when I read about it I did think Doherty was in for a good few years at least in jail.

It's a very sad situation tbh. I doubt he meant to do what was done but leaving the boy there the way he did wasn't a good look either. No winners.

Its hard to say whats common and whats not because each case is usually fact specific. 

The actions after the fatal blow though rarely impact upon the decision to charge.

In any case resulting in a death the PPS have to apply a two stage test.  First is there a reasonable prospect of conviction?  Secondly is it in the public interest.  In cases like this involving a death the PPS have to consider two things at that first stage.  One can they prove that the defendant caused the death and secondly what level of intent can they prove.

If they can prove a defendant unlawfully caused a death and that he intended to cause that death or to cause really serious harm then they prosecute for murder.

If they can prove a defendant unlawfully caused a death but not intend to kill or cause really serious harm then they can prosecute for manslaughter.

If they cant prove the defendant unlawfully caused the death then no prosecution is the correct decision.

I say to show that what happens after the death is usually irrelevant save for times it would should the intent of the defendant.

From what I have read about this case it would appear that the issue was whether or not the defendant acted unlawfully.  If that's right nothing after the fatal blow is relevant.

The law also allows you to use self defence provided it is appropriate and proportionate to what you honestly believe is happening (not reasonably believe just honestly believe).  That seems to be the issue here as it is in a lot of one punch cases.  If the defendant was acting in accordance with an honest believe a single punch in self defence is likely to be considered proportionate and reasonable.  If thats the view of the PPS then a no prosecution decision is the correct one.

In answer to your other question, the views of the deceased's family will be considered if the first stage of the above test for prosecution is met but the views of the family will ultimately be unlikely to stop a prosecution as there's a considerable public interest in prosecuting all cases involving a death.  Also I see the family appear to have requested a review of the PPS decision not to prosecute. 

It is indeed a very sad situation for all involved   

[imtommygunn]

Thanks David that's very interesting.

[Caesar]

I have heard it said that the victim was not unconscious immediately after the incident, and that members of the stag party were supposedly keeping an eye on him outside, but nobody realised the severity of the situation.

Feel very sorry for everyone involved.

[tbrick18]

The whole thing is a tragedy and nothing can change that.
I can't comment on the rights or wrongs as I don't know enough about it, but Doherty will have to live with what happened and a family will have to live without a father.

Doherty will no doubt have his name tarnished regardless of legal outcome as that seems to be the way these things work, but I doubt that gives the family any closure or sense of justice.

No winners here.