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02GF74 - 20/1/10 at 04:03 PM

common sense prevails


quote:
Lord Judge said: "This trial had nothing to do with the right of the householder to defend themselves or their families or their homes.

"The burglary was over and the burglars had gone. No one was in any further danger from them."



bollokcs has it; it is meteing out punishment to the guilty scim lowlife, something the courts are no longer capable of.


snakebelly - 20/1/10 at 04:05 PM

biggest mistake they made was letting "it" live, should have finished him off and chucked a carving knife in his hand and claimed self defence still

"This trial had nothing to do with the right of the householder to defend themselves or their families or their homes.

"The burglary was over and the burglars had gone. No one was in any further danger from them."

and how would you know they wouldnt be back to exact revenge?

[Edited on 20/1/10 by snakebelly]


eddie99 - 20/1/10 at 04:07 PM

I agree with this statement:

Metropolitan Police Commissioner Sir Paul Stephenson said people who put themselves in danger to tackle criminals should be celebrated as "heroes".


cd.thomson - 20/1/10 at 04:08 PM

i agree with the above

however,

they hit his head so hard that the bat shattered in to three pieces! I can see where the argument of excessive force came from!

[Edited on 20/1/10 by cd.thomson]


02GF74 - 20/1/10 at 04:13 PM

^^^ nonsense, cheap pooor quality bat.


depsite the brian damage, the scum has since re-offended - unless I misheard the news.


locostbuyer83 - 20/1/10 at 04:32 PM

its a joke, we should be able to defend our property. In the USA he probably would have been shot. If someone brakes into your property and threatens you / steals your stuff why can't u take action?
whats the alternative, ask for a photo of the goods they steal to claim it back on the insurance?
bloody joke.


andyharding - 20/1/10 at 04:53 PM

The law allows reasonable force to be used to defend yourself, your family and your belongings.

In this case, the robbers were chased off and then a brutal assault followed in an act of revenge. This was not reasonable force and I believe he should not have been released.


l0rd - 20/1/10 at 04:54 PM

No, you can always ask them out to treat them with a cup of coffee since htey help you out redecorating your home.


scootz - 20/1/10 at 05:37 PM

I'm trying to put myself in the position of the 'cricketer' and think what I would have done... I've just caught someone who only moments ago had my wife and kids at knifepoint and tied them up... I have a cricket bat and someone else with me... I am in control of the situation... my family is now safe...

Chummy would most certainly get a hard time and be glad when the police arrived, but I certainly wouldn't repeatedly hit his head until the bat broke!

Had it been a struggle at the start when the knives were produced and I had a cricket bat, then heads would have been cracked as many times as was necessary!

Probably the right course of action and outcome for me... convict and jail so that the law has been seen to be done, then release on appeal due to the 'emotional' aspect..


Breaker - 20/1/10 at 06:06 PM

quote:
Originally posted by scootz
Chummy would most certainly get a hard time and be glad when the police arrived, but I certainly wouldn't repeatedly hit his head until the bat broke!



No, I wouldn't have hit him so badly if he only stole some stuff

But if he had threatened my family and tied them up , I would have smashed his kneecaps so he could spend the rest of his life in a wheelchair.


speedyxjs - 20/1/10 at 06:12 PM

quote:
Originally posted by cd.thomson
they hit his head so hard that the bat shattered in to three pieces! I can see where the argument of excessive force came from!



Well wouldnt you do the same?

Its not like you would stop to think 'il make sure i just tap him on the head as a warning'!


UncleFista - 20/1/10 at 06:23 PM

They weren't at home, they'd chased the burglar down the street a fair way so the family wasn't in any danger. Then brayed him over the head repeatedly with a cricket bat with enough force to break the bat and cause brain damage.

They outnumbered the burglar, there was no need to cause him permanent damage.

I reckon he should still be locked up....


JoelP - 20/1/10 at 06:49 PM

its certainly a good example of excessive force! Obviously if he has reoffended then they didnt learn him well enough, so i think it fair to release him on that basis alone.


turboben - 20/1/10 at 06:58 PM

I think you should be able to defend yourself and your property but you can understand the gov wanting to prevent it - you could entice someone to trespass just so you could "off" them!


oldtimer - 20/1/10 at 07:07 PM

Hum. I certainly agree that if the head damage had been done whilst he had the knife to a throat there would be little or no discussion. But that was not the case and although I recognise the feeling of anger - it was that that drove them not self defense. Probably felt great relief/satisfaction at the time.....(not condoning etc)


James - 20/1/10 at 07:07 PM

The bat broken was too much???

F'ck that sh!t!

I'd have tied them to a chair and taken a spade drill bit to their knees!

A 10mm bit would just fit perfectly through and out the other side.

Good on the court of appeal!


Rek - 20/1/10 at 07:13 PM

The whole system is biased towards the professional offender who knows how to play the system. The average law abiding Joe doesnt stand a chance. for an example see the recent warning Myleene Class (might not have spelled the name right!) got for being inside her house and shouting that she had a knife.....

"Hertfordshire police warned her she should not have used a knife to scare off the youths because carrying an "offensive weapon", even in her own home, was illegal"

[Edited on 20/1/10 by Rek]

[Edited on 20/1/10 by Rek]


norfolkluego - 20/1/10 at 07:17 PM

He shouldn't have broken a cricket bat over his head.

A piece of 4 by 2 would have worked just as well and the cricket bat would have been unharmed.


karlak - 20/1/10 at 07:38 PM

quote:
Originally posted by cd.thomson
i agree with the above

however,

they hit his head so hard that the bat shattered in to three pieces! I can see where the argument of excessive force came from!

[Edited on 20/1/10 by cd.thomson]


Should have used a stronger bat then......


Ninehigh - 20/1/10 at 08:27 PM

quote:
Originally posted by Rek
"Hertfordshire police warned her she should not have used a knife to scare off the youths because carrying an "offensive weapon", even in her own home, was illegal"


So what am I supposed to cut the carrots with?

Define "reasonable"
I define it as "a bit more force than they could muster" so seeing as they could have killed my family I should be allowed to make sure they constantly live in fear that one day they might see me again.

Personally I don't care if they're running away they shouldn't be breaking in in the first place. Then again "red mist" would be an understatement here and I'm not sure if I'd have stopped with breaking the bat...


Simon - 20/1/10 at 08:43 PM

Er, brain damaged the burglar!

I'd suggest he was already brain damaged. As a taxpayer I expect these peple to be locked up for life. But then, as a taxpayer I don't see why I should go to the expense of keeping a scumbag in reasonable comfort while I work my butt off trying to provide a decent standard of living for me and the family. Therefore the burglar should be hung as a matter of course.

As for the "cricketer", the only thing he did wrong was not take the burglar back to his property and smash his head in.

Come the revolution.........

ATB

Simon


02GF74 - 20/1/10 at 09:12 PM

reasonable or unreasonable, who gives a f****

someone breaks into your hose, threatens your family forfeits the right to life.

if the law was on the law abiding citizen's side, then this would act as deterent and would save tax payers money regarding prisons, courts and compensation for the criminals.

downside is this will lead to "arms race" when the criminals will themselves be more violent to counteract the voilence.

bloke desrves a medal not prison.


bi22le - 20/1/10 at 10:03 PM

I think he showed good reserve to not keep battering, kicking or stabbing with the blunt end.
I think this should be publicised as a point to the criminals. If your breaking and entering, and you get caught not by the police, your unlucky so dont do it! The police will not be on your side.

Nice to know if some one breaks into my house I can stop them with the three cell magnalite I have by the bed, That thing is heavy and wont break!


Mansfield - 20/1/10 at 11:19 PM

quote:
Originally posted by 02GF74
reasonable or unreasonable, who gives a f****

someone breaks into your hose, threatens your family forfeits the right to life.

if the law was on the law abiding citizen's side, then this would act as deterent and would save tax payers money regarding prisons, courts and compensation for the criminals.

downside is this will lead to "arms race" when the criminals will themselves be more violent to counteract the voilence.

bloke desrves a medal not prison.


Have to say I agree with every word of the above.

After reading this:

Daily Mail report

He has a shocking list (1990 especially) of convictions and pathetic punishments, and what about all the offences commited that he has not been caught/convicted for? Surely by now he has forefitted his right to freedom? The next family he does this to will wish he got more than a 2 year supervision order for aggravated assault.

Whatever the rights and wrong of Mr Hussain's actions (and personally I support him), the burglar is beyond reform and something needs to be done to stop him doing it again.

[Edited on 20/1/10 by Mansfield]


Andi - 20/1/10 at 11:22 PM

Its all about the very very grey area of "reasonable force"
In a nutshell, reasonable force is to use a lesser force than the perpetrator if you are being attacked.
If they are scarpering then your too late.
However clubbing them if they were coming at you with a knife should be ok (but its very grey so dont take anyones word for it)


Ninehigh - 21/1/10 at 12:04 AM

Yeah that's the problem there's no definition of "reasonable"


Simon - 21/1/10 at 12:10 AM

quote:
Originally posted by Andi
Its all about the very very grey area of "reasonable force"
In a nutshell, reasonable force is to use a lesser force than the perpetrator if you are being attacked.
If they are scarpering then your too late.



Yes, the grey area needs to be black and white, get caught breaking and entering , face the consequences.

Re the scarpering, I've heard that if you do a runner in the states and the victim is quick/strong enough, they'll drag you back to their house, then shoot you

ATB

Simon


clairetoo - 21/1/10 at 12:32 AM

quote:
Originally posted by Ninehigh
Yeah that's the problem there's no definition of "reasonable"

I'd define reasonable as killing the burgler and burying the body in the woods ..............since no one knows where he is or what he is up to when he's out committing these crimes , he would simply disappear .


morcus - 21/1/10 at 03:45 AM

Sorry to be picky but he should be hanged, not hung.

IMO, beating someone to death after they've threatened you and your family at knife point when you know they won't be adequatly punished by the legal system is a perfectly reasonably reaction. I don't think its a good thing to do, but I think most people would do the same in the same situation. Almost everytime something like this the supposed 'victim' is a career criminal who's never worked an honest job. Like the whole Tony Martin thing where the 'victims' were career criminals who'd robbed him before.

It always seems to be that career criminals, who's legal representation is payed for with our taxes, win in these sorts of things, If they let us sort it out ourselves the savings would be huge. (Just imagine how much money it must cost to hold a trial).


dan8400 - 21/1/10 at 07:21 AM

It is easy to get caught up in the whole "reasonable force" issue and whether or not you can batter someone in the street..... fact is, if the guy wasn't robbing he wouldn't have been beaten up

karma anyone...????



Dan


scudderfish - 21/1/10 at 11:08 AM

"reasonable" is left at that so that a jury of your peers can decide if it was reasonable or not. They chose not.


nick205 - 21/1/10 at 11:58 AM

The intruder gave up his rights the moment he stepped onto Hussain's property univinted, unwanted and with harmful intent. To then threaten and imprison a family can only strengthen that argument.

IMHO Hussain acted in the moment with more than just cause. I don't believe he should be applauded, but rather left to continue his life in peace - I suspect the emotional strain on him and his family will live with them forever more!

Would I do the same...?

I'd like to think I would, but knowing myself I suspect I would have been relieved the intruder was out of the house and stayed with my family to ensure their safety.

I also suspect I would then have had to deal with untold anger and self-doubt when the intruder was either not caught or caught and given a smack bottom by the courts.


scootz - 21/1/10 at 07:25 PM

quote:
Originally posted by Rek
The whole system is biased towards the professional offender who knows how to play the system. The average law abiding Joe doesnt stand a chance. for an example see the recent warning Myleene Class (might not have spelled the name right!) got for being inside her house and shouting that she had a knife.....

"Hertfordshire police warned her she should not have used a knife to scare off the youths because carrying an "offensive weapon", even in her own home, was illegal"


Don't know about England, but in Scotland a knife is not an Offensive Weapon in your own home. Just the same as a baseball-bat behind the front door with a nail in it... perfectly okay if it stays there!

Take either outside without reasonable excuse... it becomes an offensive weapon!

As for the Myleene Klasse story ... my advise to anyone in that situation is to only arm yourself with a weapon if you KNOW you have the ability (physically AND mentally) to follow through. Most decent folk don't, but it's more than likely that chummy is quite prepared to take it off you and use it against you!


scootz - 21/1/10 at 07:33 PM

quote:
Originally posted by nick205

IMHO Hussain acted in the moment...


That's the problem - by legal definition the moment had gone and unfortunately due to our ridiculously rigid legal-system that's all that matters!


scootz - 21/1/10 at 07:41 PM

quote:
Originally posted by Andi
In a nutshell, reasonable force is to use a lesser force than the perpetrator if you are being attacked.


That's not right... it depends entirely on the situation. It's generally accepted that it's the just the right amount of force to defend yourself, your property, or others.

For instance (and again I can only speak for Scotland), Scot's Law even provides for using deadly-force in certain circumstances. The first example that comes to mind is rape... in Scotland a woman who is being ravished with intent to rape can legally kill her attacker to PREVENT the act taking place. Of course, she will have to satisfy the court that her version of events is true.


Ninehigh - 24/1/10 at 07:39 AM

quote:
Originally posted by scudderfish
"reasonable" is left at that so that a jury of your peers can decide if it was reasonable or not. They chose not.


I want everyone who agreed with me here on my jury, I've seen the acts of my so-called "peers" and I don't want people like that to be likened as equal to me