If a police officer dies of Covid-19 because he was spat at, should the assailant be changed with manslaughter or murder?

Question

BBC News - Covid-positive Dorset police officer admitted to hospital

https://www.bbc.co.uk/news/uk-england-dorset-55742...

Update:

Yes, I was thinking manslaughter so what is the appropriate sentence?

Update 2:

A good point, Three Thing. 

BA awarded.

Answer 1

Favourite answer

Murder.

Of course there was intent, anyone spitting at anyone during this pandemic knows there is added risk whether they are aware that they have Covid or not.  They can't be dealt with with kids gloves, if the spit on the officer was intentional then it's attempted murder and if the officer dies it's murder end of story.  It's clear enough by this point that you can be asymptomatic, the CMO for England has told us to act as if we have the virus so there really cannot be any excuses when it's time to face the music.  If you can't do the time, DON'T spit at people.

Answer 2

  how you gonna prove the officer caught it as a result of the spitting?

1st you gotta prove the spitter HAD the virus

THEN you gotta prove the spitter KNEW he had the virus

THEN you gotta prove the officer DIDNT have it

YOU are just assuming all of these are true

 If ANY of these aint true then you havent even got a case for murder or manslaughter

 ALL you got is a charge of common assault

(the answer you picked is just stupid

  Even if you could prove all 3 you cannot prove there was an intent to kill

Answer 3

In reality, it would be almost impossible to prove that the spit was actually the source of the infection, so I doubt a charge of anything more than an attempted manslaughter would be possible.

I think there is already enough scope within existing laws to classify spitting as at least an attempt to commit grievous bodily harm, and for a severe custodial sentence in this unlikely scenario.

Answer 4

It depends if he was having a meal out with his police colleagues and breaking these stupid lockdown rules.

Answer 5

Manslaughter conviction with life imprisonment to serve a minimum of 10 years before parole is the appropriate sentence.

We have been informed on numerous occasions that people can have Coronovirus and not even know it. That creature assaulted an emergency worker in commission of a crime and crime was breaking lockdown rules so I see no reason for leniency in this case.

Answer 6

When this happened to a station employee there was insufficient proof that the spitter had given her the COVID she died from.  The action also possibly falls below the level of recklessness required to support manslaughter.

Answer 7

Even if it could be proved "beyond all reasonable doubt" (DNA) that the officer contracted COVID through being spat at by the man it wasn't premeditated so it would be manslaughter. I don't know what the sentence would be but I suspect the maximum allowed would be woefully inadequate even taking into account it would be raised by the victim being a police officer. If it couldn't be proved it would be assault. If it could be proved to the lower standard of "balance of probabilities" that the man was responsible presumably the officer's family could sue.

Answer 8

Ducking stool for women; an afternoon in the stocks for men. 

Answer 9

That's a tricky one. If the person who spat at the police officer, knew they were Covid19 positive it could be (attempted) murder. Going on what passes for judgement these days, It would probably be 'That was very naughty, now say sorry'. 

Answer 10

Manslaughter as the persoń who spat on the police officer did not purposely intend to kill him