Perhaps not, hence manslaughter. However to these people, humans are simply a commodity through which to make money with scant regard for their welfare. The driver received a text from his boss in the operation, saying along the lines of 'give them air but don't let them out.' The trailer was a completely sealed unit, no vents. By the time the rear door was opened it was too late, they had all perished. Scratch marks were found on the inside of the trailer where they had been trying to claw their way out through sheer desperation.I have not been following the case, but surely they didn't set out with the intention of killing the 39?
In this case I believe all those closely involved should be locked up for life unless there is concrete evidence they weren't aware of what they were transporting.