Pensioner arrested after fatally stabbing burglar

[Retsdon]

On 4/4/2018 at 21:24, TIGHTCHOKE said:

Did you mean concept?

Yes.

[CaptainBeaky]

4 hours ago, Newbie to this said:

Should he not have the right to defend himself, his family and his property?

He does, in law, have the right to defend himself, his family and his property.

The petition is mostly saying what I have previously stated, that the victim (the man who was burgled and held agaisnt his will) is not responsible for his actions, the intruder is responsible for them, and calling for a change in the law to protect the householder. Now if he did actually chase the intruder and stab him then that is a different matter.

The whole point is that he is responsible for his actions - the CPS, and if necessary, a jury, have to decide whether his actions were reasonable in the circumstances.

I fully agree

But the main theme of the petition, is that he shouldn't have been arrested, because his actions shouldn't be against the law, nor are they of his own making. The call for the charge to be dropped, is for the murder charge to be dropped, as it's in no way was this premeditated.

I for one think the whole law on home defence, does indeed need changing so the homeowner is not held responsible if something happens to an intruder.

 

Doesn't have to be premeditated to be murder.

If people think the law is wrong, then they need to petition parliament to change the law as a whole, not just petition the CPS to not apply the law in one emotive case.

A person has died by violence - the law requires that the circumstances are investigated.

I would rather he had been "asked to assist with enquiries" rather than being arrested - on the information available so far, it would appear to be a clear cut case of self defence, and he has quite enough to deal with already, but I don't claim to have all the relevant information - the police on the spot have to make the call.

[bruno22rf]

I think that if you decide, of your own free will, to live outside the Law then you should forfeit any protection that the Law offers you.

[Seadog1408]

6 hours ago, bruno22rf said:

I think that if you decide, of your own free will, to live outside the Law then you should forfeit any protection that the Law offers you.

A good point.

[JohnfromUK]

I am pleased to see that a number of politicians are coming out in support;

• David Gauke, the Justice Secretary, last night said he was on the side of homeowners who resisted during break-ins.
• A Ministry of Justice spokesman told the Daily Telegraph: 'While we cannot comment on specific cases, our sympathies are with householders who have to defend themselves when intruders break in
• Mike Penning, a former justice minister, said the decision to arrest the 78-year-old pensioner on suspicion of murder appeared 'heavy-handed'
• Sir Gerald Howarth (former defence minister) said: 'There's clear law on this. If an intruder armed with a weapon suffers fatal injuries, that's his fault

[Newbie to this]

10 hours ago, CaptainBeaky said:

The whole point is that he is responsible for his actions

Well he shouldn't be. 

If the intruder wasn't a scumbag out robbing people, he would still be alive, and the poor victim, who had no intention of stabbing someone, let alone killing them , wouldn't have a death on his concience or the possibility of facing life in prison.

I'm not saying they shouldn't investigate, but if this scumbag has broke in (armed as well I might add), then the homeowner should never be held responsible for their actions, they have been put in a situation not of their making and completely out of their control. It's time the law protected the law abiding rather than the lawbreaker.

I won't say he got what he deserved, what I will say is if he stayed at home and abided by the law, he would still be alive. His own actions are why he is dead.

It shouldn't be reasonable force, it should be whatever force the victim deemed necessary, as the victim is the only person that can judge. Everyone will react differently.

I can only hope that you never find yourself in the same situation, or anyone else for that matter.

Edited April 6, 2018 by Newbie to this

[andrewluke]

this must be the only photo of the old guy???,in the Daily Star

Edited April 6, 2018 by andrewluke

[nobbyathome]

turns out this scumbag was from my area he and his family are well known as just that thieving scum there are a lot of people locally to me happy today that one of them is no longer preying on them

[Rewulf]

3 hours ago, Newbie to this said:

 

I won't say he got what he deserved,

I will 

[TIGHTCHOKE]

Dead burglar's are the best type.

[old'un]

Well it seems his relative Bill Vincent thinks all old people should be robbed….https://www.thesun.co.uk/news/5988134/richard-osborn-brooks-burglar-killed-hither-green-family-rant/

[TIGHTCHOKE]

What a lovely family the Vincents are, I do hope they struggle in the limelight of their years!

[Penelope]

17 minutes ago, TIGHTCHOKE said:

What a lovely family the Vincents are, I do hope they struggle in the limelight of their years!

A quaint lot of that lovable caravan mobile community! Not a surprise really.

[daveboy]

3 hours ago, TIGHTCHOKE said:

Dead burglar's are the best type.

Certainly cuts down on them reoffending .

[guzzicat]

STOP PRESS , released, no charges

[derbyduck]

Good

[guzzicat]

How about a whip round to buy him a bottle of champagne, I would be in for a quid!

[gemini52]

Think a medal off the queen would be justified.

[Hamster]

41 minutes ago, guzzicat said:

How about a whip round to buy him a bottle of champagne, I would be in for a quid!

I was going to suggest a proper fund be set up, bet he wouldn't worry about his shopping bill for a few years. 

[sierra 11]

Correct proceedure under the law followed. No basis for any claims that because of race / ethnicity of deceased  the law was not adhered to or biased special favour shown towards the old gent. Human Rights money grabbing Lawyers may stand down....Not required... 

Well done! Good result.  

 

[Newbie to this]

1 hour ago, guzzicat said:

STOP PRESS , released, no charges

happy days

[TIGHTCHOKE]

Great - some sense at last.

[Sciurus]

Terrific news. The Police and CPS are to be congratulated on dealing with this quickly and sensibly. What irony, a parasite who preyed on old folk killed by a pensioner! True Karma.

[Rewulf]

4 minutes ago, Sciurus said:

Terrific news. The Police and CPS are to be congratulated on dealing with this quickly and sensibly. What irony, a parasite who preyed on old folk killed by a pensioner! True Karma.

I like that! 

[CaptainBeaky]

9 hours ago, Newbie to this said:

 

It shouldn't be reasonable force, it should be whatever force the victim deemed necessary, as the victim is the only person that can judge. Everyone will react differently.

I can only hope that you never find yourself in the same situation, or anyone else for that matter.

You misunderstand my point - what the defender thought, at the time of the incident, was the force necessary to stop the crime being committed, is pretty much the definition of reasonable force, even if the attacker dies as a result.

We are always legally responsible for our actions (except for minors and cases of mental incapacity) - in this case the householder acted to defend himself, for which he is responsible. His actions have been investigated and found to be reasonable under the circumstances, and therefore there is no legal case to answer, and he has been released without charge. I think arresting him in the first place was heavy-handed and unnecessary - he wasn't going to disappear.

Also, because the incident has been investigated, there should be no chance of the scumbag's friends and/or family succeeding in a private prosecution.