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[News] Hither Green 'burglar' stabbing: Man, 78, arrested







Lyndhurst 14

Well-known member
Jan 16, 2008
5,243
My redneck American colleagues saying he should have had a gun - no surprise there
 


Eeyore

Colonel Hee-Haw of Queen's Park
NSC Patron
Apr 5, 2014
25,940
To clarify:

English law permits one person to kill another in self-defence only if the person defending him or herself uses no more than "reasonable force"; it is the responsibility of the jury to determine whether or not an unreasonable amount of force was used.

Michael T. W. Arnheim (2004). The handbook of human rights law: an accessible approach to the issues and principles

Naturally, such a case would not reach that stage if it is deemed there is less than a 50% chance of conviction.
 




The Rivet

Well-known member
Aug 9, 2011
4,592
A genuine question for would be prosecutors/defence lawyers. How do you measure when someone defending their house, family and possessions and scared witless should stop striking out, knife or not? Do juries take into account the anger felt by the victim of the intrusion?
 




Thunder Bolt

Silly old bat
A genuine question for would be prosecutors/defence lawyers. How do you measure when someone defending their house, family and possessions and scared witless should stop striking out, knife or not? Do juries take into account the anger felt by the victim of the intrusion?

Anger isn't the first emotion you feel.
Shock, fear, and too gobsmacked to think are first. Anger happens about 12 hours later.
 


pauli cee

New member
Jan 21, 2009
2,366
worthing
Anger isn't the first emotion you feel.
Shock, fear, and too gobsmacked to think are first. Anger happens about 12 hours later.

Not disagreeing, but could very much differ as to whose home was being invaded, (speaking from experience here too, a few times!)

Edit. Sorry, my circumstances were very different, as always came home to find my place robbed, rather than wake to an intruder
 








Bob'n'weave

Well-known member
Nov 18, 2016
1,972
Nr Lewes
Self-defence is not a good plea for this case.
" I though I was going to be killed and i'm not sure what happened next, I just felt that i was going to die" is better. As soon as you start talking about 'self defence' the law kicks in and considers your cognitive thought process. Don't go there. Heard this from OB.
 










um bongo molongo

Well-known member
Jul 26, 2004
3,054
Battersea
My best mate's dad (also a pensioner) nearly died a few years ago confronting burglars who attacked him with a machete. Not really been the same since.

Assuming there's nothing very odd we've not been told, it annoys me he's even been arrested. He's happily going about his life and through no fault of his own he's plunged in to this **** by these complete ****s. By all means take him in to "help with inquiries", check the facts and then let him go on to try to rebuild his life. But no way should he be being put through the additional stress of being arrested after being woken in the night by two armed ******s. This will already potentially cast a large cloud over his twilight years, without the additional worry of being arrested on suspicion of murder.
 




Bob'n'weave

Well-known member
Nov 18, 2016
1,972
Nr Lewes
My best mate's dad (also a pensioner) nearly died a few years ago confronting burglars who attacked him with a machete. Not really been the same since.

Assuming there's nothing very odd we've not been told, it annoys me he's even been arrested. He's happily going about his life and through no fault of his own he's plunged in to this **** by these complete ****s. By all means take him in to "help with inquiries", check the facts and then let him go on to try to rebuild his life. But no way should he be being put through the additional stress of being arrested after being woken in the night by two armed ******s. This will already potentially cast a large cloud over his twilight years, without the additional worry of being arrested on suspicion of murder.

This.

I'd be happy if he had sawn off their heads off with a rusty spoon and stuck them on spikes in the front garden. Probably be more effective as a deterrent than hugging the hoodies and arresting the victim.
 






Harry Wilson's tackle

Harry Wilson's Tackle
NSC Patron
Oct 8, 2003
56,182
Faversham
Due process has become onerous.

Let me rephrase this. For every person doing their job there are three measuring whether the poor ******* is compliant. Compliant in what? That is for a fourth group (the compliance directorate) to determine.

Lots of people will be looking into the old guy. Was he being racist? Could it be considered that he might be seen to be being racist? What about giving an honest criminal the chance to flee? These are serious matters. Serious matters for paperwork and compliance.

:facepalm:
 






Harry Wilson's tackle

Harry Wilson's Tackle
NSC Patron
Oct 8, 2003
56,182
Faversham
I used to think along the same lines, but you need to consider the situation where the householder deliberately tries to lure someone they wanted to harm badly into their house.
For whatever reason. If we looked at that at face value - it would be self-defence. Perhaps I've been watching too many crime/detective stories.

Or he may want to burn him up and make space alien soup out of him. Good point.

:facepalm:
 


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