Attempted Murder, Really? (AFL)

[SirDeadly]

So over the weekend there was an incident involving two AFL players, where one ended up choking the other. To my surprise it has made the news in the USA and the bleacher report (link below) Facebook post has over 800 comments at the time of writing. What really surprised me is that there are so many Americans saying that Lake (the choker) should be charged with attempted murder. This is way over the top in my opinion and in the opinion of just about everyone who has watched the sport. I reckon that at worst he will get a four week suspension, it wouldn't surprise me if it was less.

What do you guys from around the world think of this incident and how long should he be suspended for in your opinion?


http://bleacherreport.com/articles/2121634-australian-rules-football-player-tries-to-strangle-opponent-during-game?utm_source=facebook.com&utm_medium=referral&utm_campaign=programming-national


To show some positives about AFL here's some highlights from last years finals series.

 

[Thaluikhain]

I reckon that at worst he will get a four week suspension, it wouldn't surprise me if it was less.

Certainly, but what a player should get, and what he does get, tends to be far apart.

Generally speaking, trying to strangle someone is sorta a big deal.

 

[SirDeadly]

I reckon that at worst he will get a four week suspension, it wouldn't surprise me if it was less.

Certainly, but what a player should get, and what he does get, tends to be far apart.

Generally speaking, trying to strangle someone is sorta a big deal.

As a Freo supporter I completely agree, just look at Fyfe's ridiculous two week suspension that should have been ignored. Who knows what will happen at the tribunal.

 

[Aris Khandr]

I don't know how the Australian system works, but that seems like attempted manslaughter at best, to me. Murder requires premeditation, and you'll have a hard time proving that he planned to go out and choke that guy.

 

[Lieju]

I watched the video, and that was horrible.
It's assault at the very least. This is not similar to tackling someone too hard or something, strangling the opposition is in no way an expected part of the game.

I'm not sure of the terminology, but for it to be attempted murder shouldn't it be premeditated?

 

[Someone Depressing]

In sports, especially football, players can get away with what the fuck they want. Biting, chocking, racism, passive aggresive *****-fighting...

It's made for some very entertaining news stories about these peoples' complete immorality, when these things would land you in jail for a pretty good time if you did them to some random bloke on the stret.

 

[SirDeadly]

Update: He got a four week suspension, up from three weeks due to a previous bad record.

 

[Vault101]

ho-lee-shit

at first I thourght it was just a little tusstle as you get

but if I'm seeing that correctly hes gone down and tried to strangle him [i/]after[/i] the balls left their domain...I mean they couldn't actually pull him off, their dragging him along by his shirt like that....thats kinda crazy

 

[Mangod]

I don't know how the Australian system works, but that seems like attempted manslaughter at best, to me. Murder requires premeditation, and you'll have a hard time proving that he planned to go out and choke that guy.

... attempted manslaughter? Manslaughter implies that there was no "attempt", but rather that it happened because of recklessness or carelessness, like drunk driving. "Attempted manslaughter" implies, as you yourself said, premeditation, and would be treated as assault or attempted murder.

 

[YuberNeclord]

I seriously doubt he would have to face any sort of legal action. I mean if you can do this and not get arrested:


then I think short of killing someone on the field, you can pretty much do what you want.

 

[Zhukov]

That wasn't quite as bad as I was expecting judging from the comments.

I 'unno, maybe our standards of behaviour on the football field are all out of whack, but we tend to shrug off these things when they happen on the field. Even though, as pointed out, even in a contact sport grabbing a dude's neck after the ball has departed the area is nothing close to being a part of the game.

While I obviously wasn't there, I honestly don't think what happened was an earnest attempt to inflict injury or death. More like just an ugly looking tussle.

 

[Nielas]

I don't know how the Australian system works, but that seems like attempted manslaughter at best, to me. Murder requires premeditation, and you'll have a hard time proving that he planned to go out and choke that guy.

... attempted manslaughter? Manslaughter implies that there was no "attempt", but rather that it happened because of recklessness or carelessness, like drunk driving. "Attempted manslaughter" implies, as you yourself said, premeditation, and would be treated as assault or attempted murder.

Attempted Manslaughter is actually a possible charge in some jurisdictions. It implies conduct that is so extremely reckless that it is bound to kill someone and only good luck stopped a death from occurring.

You guys seem to be confusing "intent" with "premeditation". Premeditation generally requires prior planning while murder only requires intent at the time of the act. So if you are in a bar brawl, grab a knife and stab a stranger to death then it is still murder since you intended to kill (or at least severely wound someone) but no premeditation is required.

Many jurisdictions will have first degree murder for murder with premeditation and second degree murder for a killing with intent but no premeditation.

 

[Directionless]

Oh for godsake, he wasnt choking him. I just saw the video and he was having one of those "U fukin wot mate" moments. His left hand is cradling the back of the guy's neck, and his right hand is holding his head in place. He even lifts that hand up a couple times.

He's an idiot, but actually believing that this guy was trying to kill him is just really, really dumb.