What are your rights when defending yourself against burglars?

Beachcomber

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There has been another case in England of someone having been arrested after they ended up killing a burglar - in this case the home owner was a 78 year-old man. He's been arrested "on suspicion of murder".

The UK government supposedly took action in 2012 to give home owners more rights when defending themselves and others, following several high profile cases, but it looks like the kneejerk reaction of the police and the CPS seems to be an assumption that if the burglar dies it must have been murder on the part of the home owner.

Should that really be the initial position of the authorities when a 78 year old home owner in his own house ended up facing a burglar?

What are your rights in tackling burglars? - BBC News

"In 2013, the then-Justice Secretary Chris Grayling said the government "must be on the side of the law abiding majority" and that householders acting in self-defence should be treated as "victims of crime"."

Hither Green 'burglar' stabbing: Man, 78, arrested - BBC News

"A 78-year-old man has been arrested on suspicion of murder after a suspected burglar was stabbed to death.

The man, named locally as Richard Osborn-Brooks, discovered two intruders in South Park Crescent, Hither Green, south-east London, at about 00:45 BST.

One suspect, armed with a screwdriver, forced the man into his kitchen where a struggle ensued and he was stabbed, Scotland Yard said."
 


The Field Marshal

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Ask Nally.
 

silverharp

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aim to deposit them in the Wicklow mountains, it wont be an issue.
 

gerhard dengler

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There has been another case in England of someone having been arrested after they ended up killing a burglar - in this case the home owner was a 78 year-old man. He's been arrested "on suspicion of murder".

The UK government supposedly took action in 2012 to give home owners more rights when defending themselves and others, following several high profile cases, but it looks like the kneejerk reaction of the police and the CPS seems to be an assumption that if the burglar dies it must have been murder on the part of the home owner.

Should that really be the initial position of the authorities when a 78 year old home owner in his own house ended up facing a burglar?

What are your rights in tackling burglars? - BBC News

"In 2013, the then-Justice Secretary Chris Grayling said the government "must be on the side of the law abiding majority" and that householders acting in self-defence should be treated as "victims of crime"."

Hither Green 'burglar' stabbing: Man, 78, arrested - BBC News

"A 78-year-old man has been arrested on suspicion of murder after a suspected burglar was stabbed to death.

The man, named locally as Richard Osborn-Brooks, discovered two intruders in South Park Crescent, Hither Green, south-east London, at about 00:45 BST.

One suspect, armed with a screwdriver, forced the man into his kitchen where a struggle ensued and he was stabbed, Scotland Yard said."
https://www.independent.ie/irish-news/courts/man-20-found-not-guilty-of-murdering-trespasser-with-half-a-garden-shears-36704432.html
 

enuffisenuff

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In a nutshell you have the right to defend yourself or your property with the appropriate/proportionate level or force.....plus how people react in a stressful situation has to be taken into account....its not an exact science all of this....
 

Schuhart

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Situation here is different?
Criminal Law (Defence and the Dwelling) Bill 2010 - Alan Shatter TD - Minister for Justice, Equality and Defence - Second Stage Speech (Seanad) - The Department of Justice and Equality

a householder is under no obligation to retreat from an attacker. It ensures that there will be no exposure to civil liability if an intruder is injured as a result of the use of reasonable defensive force.

This Bill recognises the realities faced by a householder who may have to take immediate action to defend his or her home against violent attack and provides for a commonsense system to judge those actions in a manner that respects the rights of all concerned.
Poll: Do you agree with the new homeowners self-defence law?

Jan 13th 2012

A NEW LAW allowing homeowners to defend themselves in their home has come into effect today.

The Criminal Law (Defence and Dwelling) Act 2011 allows for a person to use reasonable force in defending their home in order to protect themselves and their property. The Act says that a person is not obligated to retreat from their home if there is an intruder.

The law was drafted in the aftermath of a heated national debate following the jailing of farmer Padraig Nally who shot dead John Ward on his premises in 2004. He later had his manslaughter conviction overturned.
https://www.rte.ie/news/courts/2018/0314/947369-court-martin-keenan/

A 20-year-old man has been cleared of murdering a trespasser in his Dublin home by stabbing him with half a garden shears.

It is the first murder case defended under the Defence and the Dwelling Act.

Martin Keenan, 20 of Cardiffsbridge Avenue, Finglas in Dublin had pleaded not guilty to murdering Wesley Mooney, 33, at St Joseph's Park halting site, Dunsink Lane on 5 June 2016.
A very inclusive Act, despite the ICCL complaining about it
It also heard that Mr Keenan was a member of the Travelling community, with his barrister stating that Travellers could be victims of burglaries and trespass too.
 

mr_anderson

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If anyone breaks into my home I reserve the right to blow their head(s) off.
Going by previous cases, no court would convict me.
And rightly so.

Not breaking into houses is a really easy decision to make.
 

firefly123

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Better to beg forgiveness than seek permission.
Brain them then fall on the mercy of a jury of your peers.

I think we all know what the outcome will be
 

Bleu Poppy

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'A man's home is his castle' if not actually, is practically, a maxim in Common Law.

Statute Law has now enshrined this principle.

All that should have been done in respect of this matter is that the householder should have been brought to a police station to provide a statement, with his solicitor present, assist the police further in their inquiries while the necessary forensic work was being undertaken at his home. Thereafter, a professional cleaning team should be sent in (at his attackers' expense) and the householder allowed back to his residence once that work was completed.
 
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Beachcomber

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In a nutshell you have the right to defend yourself or your property with the appropriate/proportionate level or force.....plus how people react in a stressful situation has to be taken into account....its not an exact science all of this....
I don't think property comes into it in the UK.

You can defend people, but not property.
 

Northsideman

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Northsideman

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Better to beg forgiveness than seek permission.
Brain them then fall on the mercy of a jury of your peers.

I think we all know what the outcome will be
Totally correct, I would expect that to be the case here but there was a farmer in the UK who I think was called Tony Martin who was convicted of killing an intruder in his gaf.
 

GDPR

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If anyone breaks into my home I reserve the right to blow their head(s) off.
Going by previous cases, no court would convict me.
And rightly so.

Not breaking into houses is a really easy decision to make.
Hope it is a legally owned fire arm and that you can prove you were in fear of your life because the intruder physically attacked you.

But I bet in reality you would hide under the bed.
 

eoghanacht

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Thanks to McDowell we have the "Nally Law".

You are allowed use proportional violence to protect your home and property or if you feel your own or a family members life or safety is in danger you can kill the fvcker.

A garda told me that.
 


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