OFFENSIVE WEAPON

[Evil Elvis]

The gaurdian tells it diferrently:

 

"

The TV presenter and Marks & Spencer model Myleene Klass has been warned by police for waving a knife at teenagers who were peering into a window of her house late at night.

 

Klass was in the kitchen with her daughter upstairs when she spotted the youths in her garden just after midnight on Friday. She grabbed a knife and banged the windows before they ran away.

 

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.

 

Klass's spokesman, Jonathan Shalit, said the former Hear'Say singer was "utterly terrified" by the intruders and "aghast" at the police warning. "All she did was scream loudly and wave the knife to try and frighten them off," he told the Sunday Telegraph. "She is not looking to be a vigilante, and has the utmost respect for the law, but when the police explained to her that even if you're at home alone and you have an intruder, you are not allowed to protect yourself, she was bemused."

 

The warning issued to the model comes after a pledge by the Conservative party last month that they would make it more difficult for people who tackle burglars to be prosecuted.

 

The shadow home secretary, Chris Grayling, spoke out after Munir Hussain was jailed for beating a man who tied up his family in their home. He and his brother used a cricket bat to beat one of the intruders, who was left with a permanent brain injury.

 

A spokeswoman for Hertfordshire police said no reference was made in the Klass incident report about a weapon. She said the incident was being treated as trespass and "words of advice were given in relation to ensuring suspicious behaviour is reported immediately".

 

Klass, whose fiance, Graham Quinn, was away on business at the time of the scare, plans to step up security at the property, near Potters Bar."

 

 

 

 

What a lot of ********!!!!! what happenned to the reasonable force clause?

[Thunderbird]

The reality is that very few people are actually prosecuted - let alone successfully - for 'defending themselves' against a burglar (look it up if you don't believe me). It makes the news due to its scarcity or when there is deadly force involved, like Tony Martin, or a slightly ambiguous defence, as in the Asian chap who chased the guy down the road with a cricket bat.

 

Here is what Wikipedia says about Citizen's Arrest - worth a read:

 

http://en.wikipedia.org/wiki/Citizens_arre...gland_and_Wales

 

I have no axe to grind here, IMO the moment you break into someone's house you basically forfeit whatever rights you have, but in the interests of balance I think it's fair to say that most decent folks defending themselves (or their property) within reason may well be treated with respect by the police. After all, the police will undoubtedly know the little scrotes involved and will know they have it coming to them.

[showe]

if the coont was me it wud ov bin the gun not a knife

Edited January 10, 2010 by showe

[bg55599]

poor lady. now if they were peering through the window in to my house i would have no issue with choosing it as an appropriate time to clean my guns and check them for fit, likewise i would probably also choose this time to lay out my cartridges on my floor and sort them in to colour order... ooohh they are all blue, but best we check.

 

dont see any harm with shooting offenders provided you used a silence weapon and make sure you clean them mess up and dispose of them in a safe manner... remember lift with your legs not with your back when putting a dead weight in to the boot of the car. Do burglers go in the recycling bin....they should be bio degradeable.

[Evil Elvis]

:unsure: Heres a question for you, suppose you actually WERE cleaning your gun when these scrotes turned up in your garden..............what if you walked out there and said put your hands in the air and called the police? despite having no carts in it? Would you get done?

[paul65]

Does anyone know what a 'Police warning' is? I know it's not a caution.

[shawi72uk]

World gone mad :unsure:

Edited January 10, 2010 by shawi72uk

[njc110381]

I'd have thought the first thing they would do is take your guns away for pulic safety reasons!

[Evil Elvis]

:unsure: Ok so scenario 2.....they have a shotgun, the law says you can match deadly force with deadly force, you go out, say hey...they lift up thier gun at you, you shoot first....technically....THAT IS legal...according to the course ive just been on

Edited January 10, 2010 by Evil Elvis

[Evil Elvis]

And before anyonyone decides to have a go at me...I know someone that did EXACTLY that...he lost is sgc for 5 years....but now has it back!!! AND and fac :unsure:

[Thunderbird]

:unsure: Ok so scenario 2.....they have a shotgun, the law says you can match deadly force with deadly force, you go out, say hey...they lift up thier gun at you, you shoot first....technically....THAT IS legal...according to the course ive just been on

 

It is legal, if you can prove it.

 

If they have an RPG and you get them with yours first the same applies (if yours was legally held!). Like force with like, or one force 'higher.' In the word of Jimmy Malone in the film Untouchables, 'he pulls a knife, you pull a gun...'

Edited January 10, 2010 by Thunderbird

[henry d]

.....or Mylene saw it as a method of grabbing tabloid inches without any problems :unsure:

[paul65]

It is legal, if you can prove it.

 

If they have an RPG and you get them with yours first the same applies (if yours was legally held!). Like force with like, or one force 'higher.' In the word of Jimmy Malone in the film Untouchables, 'he pulls a knife, you pull a gun...'

 

I'm not sure you have to prove anything except that you believed you had to defend yourself. If someone comes on your property armed with a shotgun at a time when you are carrying your own and you believe that you are about to be attacked, you don't even need to wait for them to point the gun at you. Your belief allows you to defend yourself and plead self defence.

Also, if they haven't got a shotgun, but say a cosh, and you happen on them on your property while carrying your shotgun, you could still shoot them if you believe you are about to be attacked. I'm pretty sure the 'reasonable force' aspect doesn't require that you put your shotgun down and find a lesser weapon to even things up.

[Evil Elvis]

:unsure: the course i just did said more or less like for like, a cosh versus a shottie wouldnt constitute that!!!

[paul65]

The point is that you would not be expected to allow yourself to be battered senseless with a cosh just because the only weapon you have to hand is a shotgun. As a side issue, anyone who goes up against a shotgun with a cosh would have to be a right mental case which would probably count in your favour were you to shoot them. :unsure:

[eddoakley]

mmmmmmmmmmmmmmmmmmylene. mmmmmmmmmmmm

[Thunderbird]

Paul65

 

I agree, you wouldn't need to 'prove' it per se, but 'a reasonable person' would have to agree that you behaved more or less 'reasonably', taking a variety of circumstances into consideration. As I said before, the 'bloids (or Radio 4 for that matter) might encourage us to believe that we should all be huddled in our panic rooms armed with no more than our powers of persuasion (because it elicits exactly the response they are looking for) but that is far from the case.

[njc110381]

If someone comes at you with a tool that can kill you who cares what the law says, I'd just shoot them! I'd rather do time than die :unsure:

[RC45]

If someone comes at you with a tool that can kill you who cares what the law says, I'd just shoot them! I'd rather do time than die :unsure:

I'd have to ask them to wait while I ran downstairs and opened my cabinet, so I could retaliate. Lets face it, if they break in when your asleep, your done for.

[libs]

If someone comes at you with a tool that can kill you who cares what the law says, I'd just shoot them! I'd rather do time than die

 

 

The line, "Rather be tried by 12 than carried by 6" springs to mind. :unsure:

[Imperfection]

:unsure: Heres a question for you, suppose you actually WERE cleaning your gun when these scrotes turned up in your garden..............what if you walked out there and said put your hands in the air and called the police? despite having no carts in it? Would you get done?

 

Makes no difference whether the gun was unloaded-it was used to intimidate someone with the intent it was loaded.This is why people get imprisoned for armed robbery when they've had nothing more than two pieces of pipe taped together inside a carrier bag.Or like the guy who was shot by the Police for having a chair leg in a bag.

[Imperfection]

.....or Mylene saw it as a method of grabbing tabloid inches without any problems :unsure:

 

Normally im critical of 'celebs',but even i dont think she's stoop that low to use an intruder threat for exposure.

[bullet boy]

It seems that the Law is on the side of the Criminals does`nt it!!!!!!!!!!!! :unsure:

[RC45]

It seems that the Law is on the side of the Criminals does`nt it!!!!!!!!!!!! :unsure:

It has been for years!

[UKPoacher]

1984 Police and Criminal Evidence Act was the start of it.