
Originally Posted by
Dazzle
There's a law (I think it's American - I've seen it on TV anyway) that states if a death occurs during the commission of a crime - even if it's accidental - it's always classed as murder. I think it'd be fair if something similar happened to Tracy in this case as she was in Carla's flat illegally and with ill intent. I'm not sure what crime she'd be charged with though. Possibly manslaughter?
Anyone can have an accident as we can't all be paying our full attention all of the time. Why blame someone is those circumstances? Obviously there's a fine line between accident and negligence, but if there was no deliberate lack of care how can someone be blamed for that?
If they could prove the fire was caused by Tracy's candle then she could be charged with murder even though she may not have set out to kill them she was reckless by her actions in leving the lighted candle knowing that the cosequences of her actions may have caused a fire. Best practice would be to charge her with murder and possibly reduce it to manslaughter at trial. It is not possible after someone has been charged with manslaughter to upgrade the charge to murder. That is why people are charged wit the more serious offence first.
Love many, trust few, always paddle your own canoe