Should be no arrest. Plain and simple. There should simply be a 'come down the station to give a statement and explain it all' request.Homeowner, 78, arrested after 'burglar stabbed to death during break-in'
You would think they would apply a bit more common sense, 78 year old finds 2 people in his house. 1 of them armed with a screwdriver and has a struggle and ends up killing the bloke.
Hope the guy is released as soon as possible and looked after and the other burglar is charged with burglary and also something else blaming him for the other guy dying. Wouldn't have happened if they didn't break in.
Self defence.No doubt which way public opinion will lie, but how will the law be interpreted?
You are allowed sufficient force. And the heat of the moment comes into it.The bloke has gone to bed one night with everything normal and woken up during the night to find people in his house threatening him with a screwdriver. He is now finding himself in police customer on suspicion of murder.
It's going to be tricky though, as in that split second he stabbed him he may well have wanted to kill him or seriously hurt him out of panic so is that murder stilll?
You are allowed sufficient force. And the heat of the moment comes into it.
But if the old bloke has chased him out of the house and then stabbed him it is a different matter altogether.
The law would say that you didn't need to chase him as any danger had gone once he has left the property. You could chase him, bring him to the ground and then wait for the police. If he then attacks you then defence force is usable.Yeah there is that, but heat of the moment still needs to come into it.
If somebody breaks into my house and I chase them out the front door and give them a hiding, it's a bit different to me opening the door to the postman and giving him a hiding.
The law would say that you didn't need to chase him as any danger had gone once he has left the property. You could chase him, bring him to the ground and then wait for the police. If he then attacks you then defence force is usable.
In other words if you want ti give him a good hiding do it in your own property. You should be safe from prosecution then.
Once they have left your property immunity is vastly reduced. You are then reduced to necessary force to aid citizens arrest. Inside your property you are acting in self defence and protection of others inside the property. And necessary force has never been explained as each event is different.Yeah, understand that's what the law says but I would want them as far away as possible or ideally unable to move until the police come and take them away.
It's a scary thought to think somebody could break in, get a whack, land funny and die and you are arrested for murder.
I think that is what the law is in the States.The law should be changed to say that you can do whatever you like to someone breaking in. That way it might act as a bit of a deterrent against some of the scumbags breaking in. If they need to feed their drug habit then I'd rather they rob from Sainsbury's than someone's house. I know theft is theft, but it's simply not the same in my eyes and they deserve all they get once they've entered your home.
I don't know, I have been waiting 7 days for a dashcam satnav mat.Yeah there is that, but heat of the moment still needs to come into it.
If somebody breaks into my house and I chase them out the front door and give them a hiding, it's a bit different to me opening the door to the postman and giving him a hiding.
The guy was found in a street around the corner though.There's no way he should be prosecuted for murder, it's not like he chased the guy out into the street. If you are genuinely fearing for your life or that of your loved ones' in that moment, what are you supposed to do?
Not according to eyewitness who saw him running down the Street.The guy was found in a street around the corner though.
Could it be the police believe the guy was indeed stabbed out in the street?
The guy was found in a street around the corner though.
Could it be the police believe the guy was indeed stabbed out in the street?
Well that was my thinking. If that was the case though surely the police wouldn't charge the homeowner with murder would they?Quite possibly or he could have staggered away from the house.
Well that was my thinking. If that was the case though surely the police wouldn't charge the homeowner with murder would they?
I dont think charged, but arrested for GBH and then re-arrested...
Yeah, sorry, my mistake. Arrested on suspicion of murder.Has he actually been charged then? I thought he had just been arrested at the moment.
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