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Re: Defending your home.

Posted: Wed Apr 04, 2018 7:13 pm
by savvypaul
"As a general rule, the more extreme the circumstances and the fear felt, the more force you can lawfully use in self-defence. The law doesn't require you to wait to be attacked before using defensive force, but does not protect you if, for example, your action is over-the-top or calculated revenge. You are given greater protection under the law if force is used to protect yourself or others when dealing with a burglar or trespasser on your property. The CPS says if you have acted in reasonable self-defence, as described above, and the intruder dies you will still have acted lawfully."

Each case on it's own merits, i.e. The evidence. He has to be questioned and the facts established.

Lose no sleep over the dead burglar, unless it were (hypothetically) a son of mine, who had gone off the rails, otherwise been a good lad, got in with the wrong people who put him under pressure to do the wrong thing...and then lost his life for it. In that case I would never sleep again.

Justice is different to sympathy, grief or anger...thankfully.

Re: Defending your home.

Posted: Wed Apr 04, 2018 7:20 pm
by Daniel Quinn
He got a knife to confront the burglar, that is all the pre meditation the law requires

Re: Defending your home.

Posted: Wed Apr 04, 2018 7:45 pm
by Daniel Quinn
The knife also means it cannot be self defence. The jury won't consider the issue.

Re: Defending your home.

Posted: Wed Apr 04, 2018 8:08 pm
by Dr Bunsen Honeydew
Read the news item, he was forced into the kitchen by a man with a screwdriver. It is a kitchen with a draining board with knives and forks and maybe even a carving knife. I would do exactly the same thing pick up knife to warn him off (hopefully more scary than a screwdriver) if he attacks me he gets it, and I am trained in broadsword (like a large Machete), Jian (straight sword), knife and stick. There are wonders you can do with a old fashioned brolly or walking stick.

Re: Defending your home.

Posted: Wed Apr 04, 2018 8:20 pm
by Daniel Quinn
The specifics are for the court.

Re: Defending your home.

Posted: Wed Apr 04, 2018 8:24 pm
by guydarryl
If you break in to someones home in the early hours of the morning with a mate, threaten them with a screwdriver, then drag them in to the kitchen I think you get what you ask for.

We have quite a few knifes in our kitchen on one of those magnetic wall mounts - really don't think that would make me guilty of premeditation for a stabbing. Mind you I do worry that a burglar would have easy access to them on entering my house. Should I keep all my cutlery in a wall safe :think:

Re: Defending your home.

Posted: Wed Apr 04, 2018 8:35 pm
by scotty38
Daniel Quinn wrote: Wed Apr 04, 2018 7:20 pm He got a knife to confront the burglar, that is all the pre meditation the law requires
I don't think the article mentions a knife, just that he was stabbed. It could have been the screwdriver the burglar had....

Re: Defending your home.

Posted: Wed Apr 04, 2018 8:37 pm
by Daniel Quinn
Depends on who you read.good job justice is dependant on what you read.

Re: Defending your home.

Posted: Wed Apr 04, 2018 8:42 pm
by guydarryl
On Sky news there is a witness stating that the burglar's mate pulled a knife out of the mans chest, then threw the knife out of the getaway vehicle as he drove off.

I thought it was a bad idea to take a knife out of a wound - more damage/faster blood loss - perhaps he should be done for the murder (if they ever catch him).

Re: Defending your home.

Posted: Wed Apr 04, 2018 8:44 pm
by scotty38
Ok fair enough I had assumed this whole thread was predicated on the originally referenced article...