[Northern Monkey]

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

[Kazanne]

Originally Posted by Northern Monkey

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

That is such good news and the only sensible conclusion.

[Oliver_W]

Originally Posted by AnnieK

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

Originally Posted by Sticks

The Tony Martin case made self defence illegal and decriminalised burglary.

That's completely backwards and ridiculous.

[LaLaLand]

Originally Posted by Northern Monkey

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]

Originally Posted by Oliver_W

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]

Originally Posted by Northern Monkey

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

[user104658]

Originally Posted by Sticks

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]

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

[kirklancaster]

Originally Posted by Toy Soldier

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.

[kirklancaster]

Originally Posted by Sticks

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]

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

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]

Originally Posted by Sticks

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]

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

[Livia]

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]

Originally Posted by Sticks

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]

Originally Posted by Livia

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

[Livia]

Originally Posted by Livia

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

And Jaxie said she'd do it with me.

[kirklancaster]

Originally Posted by Livia

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.

[kirklancaster]

Originally Posted by Livia

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

"The very thought of you...."

(The other 'Spin' is for Jaxie.)

[arista]

Originally Posted by Northern Monkey

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

Yes the Correct Action

[Brillopad]

Originally Posted by Sticks

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]

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

[user104658]

Originally Posted by Livia

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

I'm going to do that anyway.

[kirklancaster]

Originally Posted by Toy Soldier

I'm going to do that anyway.

Cue MASS EXODUS by Chat and Gamesters to Serious Debates.

[Kizzy]

I'll show them the way...