Murder, Manslaughter or Self Defence?

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Grandad
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Murder, Manslaughter or Self Defence?

Post by Grandad »

There is a current news story of a 78 year old man who, on hearing noises downstairs at night in his house, went down to find two intruders. One went upstairs where the mans dementia suffering wife was still in bed. The elderly man got into a struggle with the other intruder who had a screwdriver in his hand. It has not yet been disclosed how but the intruder was stabbed and subsequently died.
The elderly gentleman has now been released on police bail pending further investigation. He could be charged with murder or manslaughter. What do you think.
My opinion is that if some no good lowlife enters my house and I am confronted by him, and I feel threatened, then I would do anything to get him out and if that means I injure or kill him, then so be it. He had no right to be in my house in the first place.


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Re: Murder, Manslaughter or Self Defence?

Post by Mad Dilys »

They kept him in custody overnight which I think is appalling. He's hardly likely to do a runner is he?
I understood that if you confronted an intruder you could use "reasonable force" to defend yourself.

If the intruder is using "unreasonable" force then surely you have to do likewise, or it would obviously put you at a disadvantage. Thus any force you use to match that of the intruder is reasonable in my book.
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Re: Murder, Manslaughter or Self Defence?

Post by Horus »

My thoughts exactly, anyone entering my property at night uninvited loses any rights in my view. :vs
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Re: Murder, Manslaughter or Self Defence?

Post by Grandad »

MD, I know this phrase 'Reasonable Force' is often used BUT I don't think it takes account of an actual situation. Are you really going to give a thought to 'What is reasonable force'? Not me, if its a case of him or me I am going to do my damndest to make sure it is not me...
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Re: Murder, Manslaughter or Self Defence?

Post by Horus »

Totally agree, stop to think and it may be you that finishes up dead :vs
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Re: Murder, Manslaughter or Self Defence?

Post by Ruby Slippers »

I think that the criminals seem to have more rights than we do these days! If I found an intruder in my house, I would have no hesitation in using whatever weapon close to hand on him or her! :xx
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Re: Murder, Manslaughter or Self Defence?

Post by Mad Dilys »

I've thought about this recently when the fire service were asking me questions, for example could I quit the house in 3 minutes if there was a fire? The answer to that is most likely no.

Then the Police gave me a security check and after all that I think my best policy with an intruder is to bore them into submission with a few of my Tales of the Past. :snig:

Not really joking there, :up
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Re: Murder, Manslaughter or Self Defence?

Post by LovelyLadyLux »

Personally I don't think any charges should have been even contemplated. If somebody breaks into your house in the middle of the night or anytime how is one to assess what is reasonable force? I'm sure physiologically the adrenalin is pumping, you don't know if your life is about to end so even the idea of saying you should only fight back in a similar matter is ludicrous to me. "I" need to wait to see if you're going to come at me with a knife or baseball bat before I strike?

I can see having the old fellow in for questioning so they have an accurate sense of what happened but keeping him in jail overnight is beyond anything that needed to be done.

Nobody knows what anybody breaking into their house could or would do and law enforcement should see it that way.

I should add that I do have in both my bedroom and car an electronic battery operated alarm - rape whistle thing that if turned on blasts out a deafening 70 or 90 (can't remember) decibel siren. I've often figuring turning that on if I suspected anybody of entering the house would/should give them sufficient scare to exit quickly. Almost like the barking dog idea. Hopefully my siren would bring neighbours running too.
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Re: Murder, Manslaughter or Self Defence?

Post by Grandad »

Happily the DPP has taken note of public opinion in this case and decided not to recommend any charges against Richard Osborn-Brooks. Well I am not sure if the DPP listens to public opinion but somebody has taken the rational view.
The DPP has made some very bad decisions in the past with some cases being thrown out of court so maybe they consider cases more thoroughly now. Alison Saunders the current DPP will be replaced later in the year when she completes her term of office. It remains to be seen who will replace her?
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Re: Murder, Manslaughter or Self Defence?

Post by Horus »

I would have to excuse myself from sitting on any jury hearing such a case as I would have already acquitted the man even before I entered the court room. I have every sympathy for anyone defending their home during the night and my view is that the interloper should not be there and has no rights whatsoever regardless of what action the householder decides to take at the time.
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Re: Murder, Manslaughter or Self Defence?

Post by LovelyLadyLux »

Me too H. In this one my mind is essentially already made up. If you're going to enter my house in the middle of the night (or day) uninvited then you deserve anything you'll get. Not that I'd physically ever be able to stop anybody but if I did get in a blow I surely hope I wouldn't be charged with it.
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