JAIDYN LESKIE

A detailed Summary of JAIDYN LESKIE

All crimes involve a wrongful act and a guilty mind. This is expressed in the official definition of murder as unlawfully kills and malice aforethought. The degree of malice determines weather it is murder or manslaughter.

Generally, murder includes the intent to kill or harm seriously with reckless indifference.

Manslaughter includes the intent to harm that results in death. This is involuntary manslaughter. Voluntary manslaughter would occur if the defendant killed to "mitigate circumstances" - e.g. provocation or self-defense.

The elements of the guilty mind and the unlawful act are present in the R v Domascewicz case.

With the guilty mind, if Domascewicz wanted to kill the baby because he was jealous of the parents, he would have planned it and formed the intent. There would have been a high degree of "malice".

Domascewicz's guilt may be assumed based upon his conduct at the time of the baby's death. Joking about the death of a baby is not exactly "normal" in the eyes of right thinking people. One might assume correctly that he is guilty based upon this. But, of coarse, better evidence is needed.

A pathologist could not exclude the possibility that Jaidyn's death was a result of an epileptic seizure or asthma attack.

. Because of this, it is reasonable to believe that an unlawful act has been committed. This is most likely a homicide. Weather it is murder, manslaughter, infanticide, accident, etc; etc... depends on the degree of malice the accused had on the baby.

Mr. Domascewicz's joke about the baby being burnt and at hospital is suspicious. The prosecution says that it was a lie, designed by Mr. Domascewicz, to buy some time.

If I were a member of the jury, I would have said he was "not-guilty". The rule is - "beyond reasonable doubt". Fact was, there was a lot of doubt. There was no strong evidence pointing the finger at the defendant and there were numerous other suspects who probably killed the baby.

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Approximate Word count = 1059
Approximate Pages = 4 (250 words per page double spaced)

Category: Miscellaneous

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JAIDYN LESKIE

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