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Cerberus1

Should an Englishman have the right to defend his castle

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A man has been arrested on suspicion of murder after the death of a suspected intruder at a Greater Manchester house.

 

Police found a man, aged in his 30s, with knife injuries after they were called to a house in Midland Road, Bramhall, at 19:50 BST on Saturday.

 

The man arrested on suspicion of murder is aged 39 and believed to be the householder.

 

A 33-year-old man has also been arrested in connection with the burglary.

 

The couple who live at the house were named locally as Vincent and Karen Cooke.

 

The man was home alone when the burglary happened although his wife and son returned during the incident but were unharmed.

 

Ch Supt Tim Forber, said: "Clearly this is a serious incident in which a man has lost his life and at this time we believe the dead man was one of two men who were attempting to carry out a burglary at the house."

 

http://www.bbc.co.uk/news/uk-england-manchester-14963811

 

Should the UK (or Australia) adopt 'Castle Doctrine' and give a person the legal right to defend his/her residence from illegal trespassing using any force necessary?

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I remember back in the UK a German Shepherd having to be put down after someone tried to break in to a compound and the dog attacked. The guy ended up in hospital and sued the owner, he received thousands in compensation and the dog ended up being brought in to be PTS. :no:


If you are depressed you are living in the past. If you are anxious you are living in the future. If you are at peace you are living in the present.

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I thought that they had changed the law in the UK to allow people to defend their homes. I think just after the law was changed I remember reading someone had been killed breaking and entering.

 

So I wonder what is going on with this one.

 

Yes, I think we should be able to defend our own homes. Ludicrous that someone can break in smash up the house and then hurt sue the owner


Petals

:ssign15:taking no prisoners :wink:

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Suspected murder does suggest pre-meditation. I think that's where in the Tony Martin case he came unstuck firing to kill not defend his property.

But for me yes you should have a right to defend your property but its a really grey area when discussing reasonable force.

I suppose the question is if a 'burglar' enters the property can you do with them as you wish?


Ich bin nicht ein Roboter

I am a lion

Raar

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I believe if they enter your property as in your actual house then yes, I believe you should have the right to protect your family, they are breaking and entering and putting your family in danger. I think they should loose all their rights once they step onto your property illegally.

I however do not agree with this, if its in the garden area, as it maybe somebody innocent drunk or accidental. Once they actually break into your house, then yes.

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theres been a couple of similiar cases in oz where when its come to trial common sense prevailed and the jury found not guilty,i believe the charge is manslaughter, and the magic phrase is 'i feared for my life'

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has PIO become the Aussie branch of the Daily Mail?:tongue:

next you'll be reporting on one day that drinking tea is good for you, then the following day saying that tea consumption causes increased risk of obesity, schizophrenia, cancer and worms


My Brain Hurts!

 

 

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has PIO become the Aussie branch of the Daily Mail?:tongue:

next you'll be reporting on one day that drinking tea is good for you, then the following day saying that tea consumption causes increased risk of obesity, schizophrenia, cancer and worms

 

Think I read about that somewhere :wink:


Petals

:ssign15:taking no prisoners :wink:

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Guest

A householder has every right to defend themselves and their family, provided the force used is proportional, tho that proportionality is heavily mitigated by the get out clause 'i believed my life/a life was in danger'....

 

difficult to prove as a defence if the intruder is an unarmed minor for instance and you are an 18st bouncer, so it has to be a realistic claim.

 

much more difficult to prove proportionality and fear for life etc if the intruder is in the process of attempting to run away, attempting to restrain them is legal as long as minimum force is used, and that can include threatening the intruder with a weapon as you can still be 'in fear of your life' concievably, so a wrestling struggle on the property or just outside for instance can still invoke the 'feared for my life' thing if the intruder is injured even tho they were attempting to leave.

 

But any attempt to give chase with intent to harm really is moving into a whole new ball game. There was a case a couple of years ago where a family chased burglars down the street and proceeded to beat them in a neighbours garden with baseball bats...guilty of all manner of things unfortunately.

 

In this case i would say questions arise because of a charge of attempted murder which suggests a degree of pre-thought as opposed to manslaughter which is on the spur of the moment generally.....and also the fact his family 'returned during the incident'....

 

a burglar or burglars would presumably attempt to flee once discovered which would lead you to assume that 'the incident' would be pretty short lived even with some attempt at restraint, armed or not, the family returning does sort of imply it was more drawn out which raises all manner of questions

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If the intruder is in your home or on your property you should be able to use reasonable force to defend your property or family, especially if they are armed or carrying some sort of weapon.

TBH if someone broke into my house and the kids were there i would do what was necessary to protect my kids and think of the consequences afterwards.

 

Cal x


If you don't go after what you want, you'll never have it. If you don't ask, the answer is always no. If you don't step forward, you're always in the same place...

If you get a chance,take it, If it changes your life,let it. Nobody said it would be easy they just said it would be worth it...

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I think if someone broke into my house i would give them what for given half a chance.

My kids are my world and if someone attempts to put them in danger so help them.

Would i kill to protect them? Hell yes!

There have been 2 cases recently here in the UK where burglars have been killed and the initial victim of the burglary (now in trouble for murder/manslaughter) and been found not guilty.

Initial reports on The Sun online believe this particular burglar turned up with a knife and they are now wondering if that was the knife used to kill him. I believe thats called 'Karma'!


Trying to get to Aus since 2008. Finally the end is in sight and we are starting to really plan.

Hubby, Paramedic.

Me, Adult Nursing student starting Sept 2018. 

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Guest sh7t man no way

:yes::yes: you should have the right--if anyone came into my world,and threatened it they would get a right good kicking:mad:its the law of the jungle,not the law of the land i would adhere 2

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Guest Guest16631

.......................it should be your right to defend what is yours............................but when I dealt with some intruders to my property..........I got a bit of a shock the law is not always straight forward..............2 men looking in the shed...............I threatened to set the dogs loose and had a parang[large knife I cut banana trees with]..and locked them in the shed...........next door had called the police and when they got there......................... intruders said I had threatened them and they feared for their lives ,got off scott free.................they had told the police they were just looking for someone ...............................both twice my size and half my age................I was given a friendly enough warning about threatening behaviour.....................

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Guest Guest 47403
I thought that they had changed the law in the UK to allow people to defend their homes. I think just after the law was changed I remember reading someone had been killed breaking and entering.

 

So I wonder what is going on with this one.

 

Yes, I think we should be able to defend our own homes. Ludicrous that someone can break in smash up the house and then hurt sue the owner

 

I don't think it's changed yet but is in the process of changing.

 

I think you should be able to defend your home and family by whatever means necessary, human rights should be left outside when breaking into someones house.

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Guest guest37336

I'm not to sure about the facts Rob, but I 'think' there is evidence that one of the intruders was stabbed in the back.

 

Not saying this necessitates a possible murder charge though, as we don't know the circumstances at this point, but in all fairness I would move heaven and earth to protect my family, and if I thought for a 'second' that they were under threat I would without a doubt kill the bugger, no matter where I got him/her.

 

I remember a time in Perth once when I gaffa taped a moron who was in real danger of not only harming myself and then wife but also himself. The police were called and I 'could' have been charged with unlawful imprisonment, luckily no charges were put forward, but it was a close run thing, but I would do the same again I'm afraid.

 

Cheers Tony.:wink:

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.......................it should be your right to defend what is yours............................but when I dealt with some intruders to my property..........I got a bit of a shock the law is not always straight forward..............2 men looking in the shed...............I threatened to set the dogs loose and had a parang[large knife I cut banana trees with]..and locked them in the shed...........next door had called the police and when they got there......................... intruders said I had threatened them and they feared for their lives ,got off scott free.................they had told the police they were just looking for someone ...............................both twice my size and half my age................I was given a friendly enough warning about threatening behaviour.....................

 

That's totally unfair tink I'm sorry to hear that, it makes you sick:no:


If you are depressed you are living in the past. If you are anxious you are living in the future. If you are at peace you are living in the present.

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