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What's the law?


Guest Guest105580

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Guest Guest105580

So what's the law on what you are able to do if someone breaks into your house (while you are in) and you come into contact with them??

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Whatever reasonable force is deemed necessary. Of course, everyone has a different definition of reasonable force but whacking with a rolling pin is maybe okay........

 

A policewoman I know told me that if, for instance, I was chopping onions in the kitchen and some one knocked on the door and I went to answer it with the knife in my hand and then that person forced their way in and I stabbed them, then that's fine as they would check the wound for onion presence. Of course, it's quite hard to make sure you are cooking at suitable times (when some one breaks in).

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The law is a test of reasonableness. That means it would differ according to the situation. For example, if a person breaks in and is armed and you fear you may suffer serious harm from the intruder, then you could go all the way to a defence that results in the offenders death. But, if the offender was not behaving in a violent way and it was not reasonable for you to consider that you may be seriously harmed and you kill the intruder, then you will be guilty of murder. On the lower end of the scale, minor assault is likely to be not guilty regardless of the intent or behaviour of the intruder - you would be entitled to restrain / physically remove even though this would normally be an offence.

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