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-   -   Pensioner bailed after arrest over fatal stabbing of intruder (https://www.thisisbigbrother.com/forums/showthread.php?t=337130)

Sticks 06-04-2018 12:45 PM

The Tony Martin case made self defence illegal and decriminalised burglary. At a parole hearing, because Tony Martin said he would do the same again, his parole was denied with the official reason that "People going about their lawful business need to be protected" ergo self defence,is illegal and burglary is a lawful occupation. This from Case Law in the UK

This means this pensioner will be tried for murder and the jury will be required to convict due to case law, as the burglars were about their lawful occupation.

Also if a burglar injures themselves on your property, you can be held liable in any civil case.

If a burglar wants to take your stuff and it is heavy, you may have to assist in carrying it out for them, so they are not injured.

user104658 06-04-2018 12:51 PM

Quote:

Originally Posted by Sticks (Post 9945140)

If a burglar wants to take your stuff and it is heavy, you may have to assist in carrying it out for them, so they are not injured.

And if a burglar brings along his pet fairies, you may be legally obliged to offer them a small refreshment to ensure they don't become parched.

Sticks 06-04-2018 01:01 PM

Quote:

Originally Posted by Toy Soldier (Post 9945147)
And if a burglar brings along his pet fairies, you may be legally obliged to offer them a small refreshment to ensure they don't become parched.

Exactly! :nono:

AnnieK 06-04-2018 01:42 PM

I was told by someone (who said that they had been told by a policeman) that if you do confront a burglar and overpower them by physical means you should make sure they are found in your bedroom (or at least upstairs) as you are less likely to get charged if they are upstairs in your home when you attack them. Don't know how true it is - and don't want to test it out particularly

Sticks 06-04-2018 01:45 PM

I believe there was a case once where an armed robber tried to hold up a sub post office with a knife. There was a struggle and the robber was stabbed to death with his own knife and the sub postmaster was put on trial for murder.

Niamh. 06-04-2018 01:56 PM

Quote:

Originally Posted by Toy Soldier (Post 9945101)
True, the only reason I have a bit of an issue with the Tony Martin case is that it was proven that he shot people who were fleeing... which just doesn't sit well with me at all. It's an execution out of anger, not self-defense.

But if I heard something in the night and went out to find some bloke walking up the stairs, I'd sure as **** be kicking him right back down them and there's a pretty solid wall at the bottom :think:.

I don't know anything about the Tony Martin case, the one I was talking about, i guess was similar in that he followed the guy out and shot him dead (possibly in the back) but I could still understand why he did it (his gun was legal) There was more of a back story with it, it was a group of travelers who had been harassing him for a while, breaking into his property and terrorising him basically. He had previously reported them and really was at his wits end

Cherie 06-04-2018 02:06 PM

Quote:

Originally Posted by Niamh. (Post 9945250)
I don't know anything about the Tony Martin case, the one I was talking about, i guess was similar in that he followed the guy out and shot him dead (possibly in the back) but I could still understand why he did it (his gun was legal) There was more of a back story with it, it was a group of travelers who had been harassing him for a while, breaking into his property and terrorising him basically. He had previously reported them and really was at his wits end

Similar story with Tony Martin he had been broken into many times though the police disputed that claim

jaxie 06-04-2018 02:14 PM

I was stunned by this story the other day. It is incredibly wrong that this poor man should be arrested for murder after two intruders brought the weapon into his home and were attacking him. He had every right to defend himself and his family.

No one deserves to die but if you enter someone's house with a weapon and you end up the one harmed then that's your own fault.

The guy who died comes from a 'family' of criminals who prey on the elderly. Nice.

arista 06-04-2018 02:51 PM

Quote:

Originally Posted by jaxie (Post 9945268)
I was stunned by this story the other day. It is incredibly wrong that this poor man should be arrested for murder after two intruders brought the weapon into his home and were attacking him. He had every right to defend himself and his family.

No one deserves to die but if you enter someone's house with a weapon and you end up the one harmed then that's your own fault.

The guy who died comes from a 'family' of criminals who prey on the elderly. Nice.




Hang on
lets see the end result

The Dead Criminal Punk (37 year old H. Vincent)
picks on easy old folk

it is great he is DEAD

He was wanted by Police for another old person break in
his Criminal mate left him in the road
driving off in his Van


This 78 year old is a hero

chuff me dizzy 06-04-2018 04:05 PM

Buy the man a medal as big as a dustbin lid :clap1:

Northern Monkey 06-04-2018 05:26 PM

Police have said no further action to be taken against this fella

Kazanne 06-04-2018 05:34 PM

Quote:

Originally Posted by Northern Monkey (Post 9945526)
Police have said no further action to be taken against this fella

That is such good news and the only sensible conclusion.

Oliver_W 06-04-2018 05:45 PM

Quote:

Originally Posted by AnnieK (Post 9945227)
I was told by someone (who said that they had been told by a policeman) that if you do confront a burglar and overpower them by physical means you should make sure they are found in your bedroom (or at least upstairs) as you are less likely to get charged if they are upstairs in your home when you attack them. Don't know how true it is - and don't want to test it out particularly

I might buy a toy gun, and keep it under my bed to place in a burglar's hand if I knock them out/kill them, so I can claim I thought my life was in danger

Quote:

Originally Posted by Sticks (Post 9945140)
The Tony Martin case made self defence illegal and decriminalised burglary.

That's completely backwards and ridiculous.

LaLaLand 06-04-2018 05:49 PM

Quote:

Originally Posted by Northern Monkey (Post 9945526)
Police have said no further action to be taken against this fella

I'm over the moon. You should be able to protect yourself, your family and your home against intruders especially this day in age.

Sticks 06-04-2018 06:18 PM

Quote:

Originally Posted by Oliver_W (Post 9945542)
That's completely backwards and ridiculous.

And the law..

This is how our system works, a judgement made elsewhere sets legal precedent which other courts are duty bound to follow.

Sticks 06-04-2018 06:45 PM

Quote:

Originally Posted by Northern Monkey (Post 9945526)
Police have said no further action to be taken against this fella

This is the link to the report on the BBC News website on that story.

In times past I thought it was always the case that if someone killed anyone there had to be a trial :conf:

user104658 06-04-2018 06:54 PM

Quote:

Originally Posted by Sticks (Post 9945659)
And the law..

This is how our system works, a judgement made elsewhere sets legal precedent which other courts are duty bound to follow.

Only where the precedent has been set by a higher court than the one trying the case. Precedent does not have to be followed if set by a lower level court of one at the same level.

jaxie 06-04-2018 07:45 PM

I want to know more about TS and the fairies myself!

kirklancaster 06-04-2018 07:57 PM

Quote:

Originally Posted by Toy Soldier (Post 9945147)
And if a burglar brings along his pet fairies, you may be legally obliged to offer them a small refreshment to ensure they don't become parched.

:laugh2:

kirklancaster 06-04-2018 08:01 PM

Quote:

Originally Posted by Sticks (Post 9945659)
And the law..

This is how our system works, a judgement made elsewhere sets legal precedent which other courts are duty bound to follow.

You are correct there Sticks as far as I am aware. Of course, a lot of 'Iffy' Judges do not always follow them and 'do their own thing'

user104658 06-04-2018 09:52 PM

It's simply not true that precedent can't be "rewritten", otherwise we would still be following precedent set centuries ago :shrug:.

Also, in cases like this, sentencing judges often "get around" precedent by giving pretty-much-nothing sentences even when there is a conviction.

Mystic Mock 07-04-2018 05:19 AM

Quote:

Originally Posted by Sticks (Post 9945659)
And the law..

This is how our system works, a judgement made elsewhere sets legal precedent which other courts are duty bound to follow.

It's a law that can very easily get overturned if the public have an outcry about it.

I mean let's look at this very case that we're discussing on this thread.

Sticks 07-04-2018 07:44 AM

Unless the family of the dead burglar successfully apply for judicial review of the decision not to charge the pensioner...

Livia 07-04-2018 10:10 AM

The police were never going to charge this man. You are allowed to use a lot more force in your own home than you are, say, in the street. For instance, you don't have to wait for the burglar to attack you if you feel your life or the lives of your family are at risk. And the burglar had a screwdriver, so was armed.

Lots of people mentioned Tony Martin, which was an entirely different case. Not only was his gun illegal, he had it ready. I have a shotgun (because I shoot clays, I don't do post offices or anything...) and there are very strict rules about how your gun is stored. By the time I'd got the key, which is kept apart from the gun cabinet, opened the cabinet, got the gun out, loaded it, because she cartridges aren't kept with the gun... the burglars would be out the door with my telly.

Livia 07-04-2018 10:11 AM

Quote:

Originally Posted by Sticks (Post 9946825)
Unless the family of the dead burglar successfully apply for judicial review of the decision not to charge the pensioner...

If that happens I will run naked though Chat and Games.

jaxie 07-04-2018 10:16 AM

Quote:

Originally Posted by Livia (Post 9946926)
If that happens I will run naked though Chat and Games.

:evilgrin:

Livia 07-04-2018 10:25 AM

Quote:

Originally Posted by Livia (Post 9946926)
If that happens I will run naked though Chat and Games.

And Jaxie said she'd do it with me.

kirklancaster 07-04-2018 11:21 AM

Quote:

Originally Posted by Livia (Post 9946922)
The police were never going to charge this man. You are allowed to use a lot more force in your own home than you are, say, in the street. For instance, you don't have to wait for the burglar to attack you if you feel your life or the lives of your family are at risk. And the burglar had a screwdriver, so was armed.

Lots of people mentioned Tony Martin, which was an entirely different case. Not only was his gun illegal, he had it ready. I have a shotgun (because I shoot clays, I don't do post offices or anything...) and there are very strict rules about how your gun is stored. By the time I'd got the key, which is kept apart from the gun cabinet, opened the cabinet, got the gun out, loaded it, because she cartridges aren't kept with the gun... the burglars would be out the door with my telly.

:laugh2:

kirklancaster 07-04-2018 11:23 AM

Quote:

Originally Posted by Livia (Post 9946926)
If that happens I will run naked though Chat and Games.

"The very thought of you...." :spin2::spin2:

(The other 'Spin' is for Jaxie.:hehe:)

arista 07-04-2018 11:59 AM

Quote:

Originally Posted by Northern Monkey (Post 9945526)
Police have said no further action to be taken against this fella

Yes the Correct Action

Brillopad 07-04-2018 01:24 PM

Quote:

Originally Posted by Sticks (Post 9946825)
Unless the family of the dead burglar successfully apply for judicial review of the decision not to charge the pensioner...

A family of known criminals and cowards. Two men, one armed with a screwdriver, break into an elderly couples home at night and regularly target the elderly. Scumbags is too polite a word for the lot of them. Who will listen or care.

Crimson Dynamo 07-04-2018 01:26 PM

I hope people enjoy this great news. This is how we would all feel if we executed perps on a regular basis

user104658 07-04-2018 03:23 PM

Quote:

Originally Posted by Livia (Post 9946926)
If that happens I will run naked though Chat and Games.

I'm going to do that anyway.

kirklancaster 07-04-2018 04:22 PM

Quote:

Originally Posted by Toy Soldier (Post 9947466)
I'm going to do that anyway.

:joker: Cue MASS EXODUS by Chat and Gamesters to Serious Debates. :hee:

Kizzy 07-04-2018 04:58 PM

I'll show them the way...
https://media1.tenor.com/images/da84...itemid=7396270

Cherie 10-04-2018 10:29 AM

This is a bit tasteless, I know they wanted to make a shrine to their dead family member, but outside the home where he was committing a crime, really doesn't sit well, no wonder it was torn down

https://www.express.co.uk/news/uk/94...urglar-flowers

Niamh. 10-04-2018 10:31 AM

Quote:

Originally Posted by Cherie (Post 9953129)
This is a bit tasteless, I know they wanted to make a shrine to their dead family member, but outside the home where he was committing a crime, really doesn't sit well, no wonder it was torn down

https://www.express.co.uk/news/uk/94...urglar-flowers

I stopped reading at the "Henry had a heart of gold" part.......... Preying on the elderly and disabled = heart of gold hhmmm

Cherie 10-04-2018 10:33 AM

Quote:

Originally Posted by Niamh. (Post 9953130)
I stopped reading at the "Henry had a heart of gold" part.......... Preying on the elderly and disabled = heart of gold hhmmm

he probably had where his family were concerned, that is no consolation to all the elderly couple he robbed who can't return to their home :idc:

Livia 10-04-2018 10:36 AM

Some people have no shame.

arista 10-04-2018 10:46 AM

Quote:

Originally Posted by Cherie (Post 9953129)
This is a bit tasteless, I know they wanted to make a shrine to their dead family member, but outside the home where he was committing a crime, really doesn't sit well, no wonder it was torn down

https://www.express.co.uk/news/uk/94...urglar-flowers


Should be banned
Scum Criminal


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