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Homicide

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David Tiley 2007
The police inquiry into rapist killer
A police force has begun an inquiry into its handling of a convicted rapist who murdered his disabled fiancée and her carer while under its supervision.
Hampshire police and other agencies are conducting a review of their monitoring of David Tiley, who was sentenced to spend the rest of his life in jail yesterday for the "brutal and evil" killings in March this year.
Tiley, 47, who had previously served a prison sentence for rape offences, stabbed his girlfriend and mother-of-five Susan Hale, 49.
She suffered from cerebellar ataxia, a degenerative brain disorder, which caused her difficulties in walking and speaking. The carer was bound, raped and stabbed when she visited Miss Hale’s ground floor flat in Southampton for an appointment to bathe her.
Tiley was convicted at Winchester Crown Court in 1995 of two counts of rape, and a further serious sexual offence, against a woman and was jailed for six years
Subject to three exceptions (see Voluntary Manslaughter below) the crime of murder is committed, where a person: * of sound mind and discretion (i.e. sane); * unlawfully kills (i.e. not self-defence or other justified killing); * any reasonable creature (human being); * in being (born alive and breathing through its own lungs - Rance v Mid-Downs Health Authority (1991) 1 All ER 801 and AG Ref No 3 of 1994 (1997) 3 All ER 936; * under the Queen's Peace; * with intent to kill or cause grievous bodily harm (GBH).
Mens rea for David- intention to kill. Actus rea stabbing, rape. Faced life after admitting to the murder of both girlfriend and carer.
Law of Murder
A murder conviction carries a mandatory life sentence. The judge passing sentence cannot pass a lesser sentence no matter how mitigating the circumstances might be. There exist three partial defences to murder which may...

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