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If the car is used as a weapon then it is fair to assume that the injuries caused would be serious or indeed fatal. So a murder charge could be brought, but you would have to prove intent to injure first. However a jury could still except the ‘ I hit the wrong pedal ‘ defence.
Chaley-
That's why it's so absurd that it's treated as a traffic incident, those pedals weren't his to press, it's a robbery gone wrong not somebody driving their car recklessly.
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No. You have to prove intent to kill.
Intent to injure is not murder.
Also the intent to kill must be formed with a clear mind, not in the heat of a confrontation.
Intent to kill is extremely hard to prove, so prosecutors rarely use it unless they have definitive evidence that will convince a judge or jury.
sohi
davidual
Murder is a very specific crime and applies to very few deaths
Murder requires premeditation and the intent to kill a specific person.
Hitting someone with a car, no matter how negligent or careless, is not murder.
And further to Greenbank: prosecutors prefer to go with a charge more likely to result in conviction.