Why was Derek Bentley convicted of manslaughter?

Answer 1

Firstly, Derek was not convicted of manslaughter.

Derek Bentley was hung because he was found guilty of murder in a court run by a highly biased judge, Rayner Goddard who was prejudiced towards flogging and capital punishment, even using the word Murder, as opposed to "killed" in his summing up of the case to the jury.

A 300 year old English Law statute regarding "joint enterprise" was employed in this case against him which means that attendees or proven accomplices could be tried for the same crime as the appellant, Christopher Craig, who was indeed under age to be sentenced for a capital crime. The travesty was that although found guilty but recommended mercy by the jury, the home secretary at the time, Sir David Maxwell Fyfe (later lord Kilmuir) was not obliged to pay any attention to any jury comments and so made an example of Derek. Bentley then became the sacrifical scapegoat as they could not execute Craig, but wanted blood, pure and simple. Bottom line is that in Derek's own words and limited understanding of the law "he didnt pull the trigger, didnt shoot Mr Miles" and therefore was innocent. Derek was under arrest for at least 15 minutes by DC Fairfax, but in court Derek maintained that he was not under arrest (his concept of arrest being held in cuffs) Thusly he actually condemned himself and helped the Jury find him guilty. Also many facts were NOT brought to the attention of the jury or judge such as Bentley's attempt to get the gun off craig, proving his part in the joint venture had indeed ended at the time of his arrest when Fairfax bravely used bentley as a shield but as this was not mentioned in court he was convicted of Murder, NOT manslaughter.