I said opportunity crime not murder
"A crime of opportunity is a crime that is committed without planning when the perpetrator sees that they have the chance to commit the act at that moment and seizes it. Such acts have little or no premeditation."
Thats what I'm thinking saying opportunity crime
In my opinion he didnt plan rape her and kill her
And to make it clear I'm not defending him
I just think if I would be in his shoes(prosecuted for murder) I would like to judges base they verdict on facts( evidence) not they imagination and at the moment there is not knowing what cause her death(no deadly injures)and time they spend together on the field was very short. In my opinion too short for rape ,killing and disposing body
Thats all
Maybe I change my opinion when new facts appears but at the moment I'm not 100% sure he murder her
His previous convictions have been allowed. The judge did not accept them as opportunistic in 2019 which is why he got 8 1/2 years.
His behaviour before and after the event has been detailed. Very little can be explained in terms of random opportunity.
There is no reason to go to a dark park - it's dark. No reason to prowl around student areas in the dark. They are just houses. No reason to have books of student housing - he isn't a student and should he be planning to become one he's already lives close
An opportunistic crime happens when you happen upon an opportunity. You see an old lady on your way to Tesco in the dark. It's quiet you hit her over the head killing her just to grab her purse. Before you have time to think.
Many 'opportunistic' rapes occur within feet of where the person is grabbed.
His first opportunity to sieze the moment and rape was the Endsleigh Centre. There I would have to agree - it would be difficult to say it wasn't an opportunistic rape. There are sadly lots of rapes like that. Quiet dark. He's quick.
Or once he'd got her into his car. Another opportunity. No forethought - nearest spot and then panic about the consequences afterwards
He didn't. He stalked Libby up the road into a site of opportunity and didn't take it. He controlled that impulse.
Then he put her into his car. Another random site of opportunity he didn't take
Then he deliberately drove Libby to a isolated spot with a tidal river that he'd been to before. No random driving looking for the nearest spot. Already deemed suitable
Then witness evidence of screaming and him running suggests he took her further into that park past several more opportunistic spots.
Only then does the witness statements suggest he raped her.
Plenty of time to stop and think I won't rape her. Opportunity was there in the Endsleigh Centre or shortly after getting her into his car. But he had the foresight to take her elsewhere - somewhere with a river.
Planning does not have to take months. He had ample time to change his mind.
According to witnesses he entered the park with her. Again chances to change his mind. He was not seen leaving whilst she was screaming. Three bursts of screaming over a period of time.
Each one an opportunity to stop and leave her alone whilst still screaming. Why didn't he?
A Witness sees him leaving AFTER those screams have stopped. Why have they stopped? Why didn't he leave before they stopped? What was he doing between them stopping and being seen leaving?
Even if he had left her unconscious - that would be as a result of an act of violence that he could have stopped. That nobody was forcing him to do.
If that would still result in her probable death I'm sure that counts as murder.
Those are the facts that I would consider.