It should be 2nd degree murder. It was an opportunity strike meant to harm. No different than if he'd wildly knifed someone and got them in the heart, even if his intent was simply to get the blade into the other guy without caring where.
Under UK law, second-degree murder is typically murder with malicious intent but not premeditated, which means they would need to prove that Petgrave intended to kill Johnson during the collision.
I think they would have a difficult time prosecuting this based on the video (link).
Unlawful act manslaughter seems like the right call here based on the current guidelines (link).
Note - in the UK, manslaughter can carry up to a life sentence, although usually averages between 2-10 years.
It should be 2nd degree murder. It was an opportunity strike meant to harm. No different than if he'd wildly knifed someone and got them in the heart, even if his intent was simply to get the blade into the other guy without caring where.
Under UK law, second-degree murder is typically murder with malicious intent but not premeditated, which means they would need to prove that Petgrave intended to kill Johnson during the collision.
I think they would have a difficult time prosecuting this based on the video (link).
Unlawful act manslaughter seems like the right call here based on the current guidelines (link).
Note - in the UK, manslaughter can carry up to a life sentence, although usually averages between 2-10 years.