Member Since: 15 Aug 2017
Location: Milton Keynes
Posts: 1071
Pensioner arrested after stabbing during burglary
Sorry but if you break into somebody's house and they defend themselves and property then they got what they deserved. The guy was 78 and two people entered his home got more than they bargained for in my eyes anyway good ridence.
4th Apr 2018 11:07 am
Pelyma
Member Since: 06 Jan 2005
Location: Patching, Sussex
Posts: 15496
Sounds like he stabbed him with the screwdriver the burglar was brandishing.DS3 TDV6 HSE - Silver with Alpaca (old one) Gone
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4th Apr 2018 11:17 am
sean 471
Member Since: 26 Apr 2011
Location: Sheffield
Posts: 2990
A guy I worked with stabbed an intruder.
A gang of youths had been shouting at him from outside his house. They came into his house where he stabbed and killed the intruder. The judge said that if he had stabbed him outside it would have been murder. As it was inside his own house he was not found guilty and walked free.
Same might happen to the old guy
4th Apr 2018 12:01 pm
Pelyma
Member Since: 06 Jan 2005
Location: Patching, Sussex
Posts: 15496
I think after the Tony Martin case it seems that provided you don’t go tooled up and attack them as they are fleeing you are ok. In this case if he used the burglar’s own screwdriver and it was in a struggle in his home he should be ok.DS3 TDV6 HSE - Silver with Alpaca (old one) Gone
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4th Apr 2018 12:11 pm
comedyharvey
Member Since: 04 Jul 2010
Location: Gloucestershire
Posts: 1727
Recent cases suggest that, if as it seems ‘man kills intruder in own home’ then he will not charged, and if he is, he will be acquitted. Quite rightly too.
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4th Apr 2018 12:13 pm
comedyharvey
Member Since: 04 Jul 2010
Location: Gloucestershire
Posts: 1727
Example here, actually had the intruder outside his house before stabbing him multiple times. Acquitted by jury.
.Arthur.
Comedy was a horse, Harvey a dog, both sadly gone. Thought I was choosing a password!
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Previously;
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4th Apr 2018 12:18 pm
DG Site Moderator
Member Since: 12 Dec 2005
Location: The Gaff
Posts: 50934
I think they amended the law in 2013 so you can now use a disproportionate amount of force as long as it is in context of self defence and not vengeful ...so he should be ok21 year LR veteran > D2 GS 2003 > D3 S 2006 > D3 HSE 2009 > D4 HSE 2013 > D4 HSE 2015 > D5 HSE 2018 > DS HSE R-Dynamic P300e 2021
4th Apr 2018 12:27 pm
Dave T
Member Since: 03 Jul 2009
Location: Glasgow
Posts: 6902
But he shouldn't be arrested at all. Imagine you are 78, found 2 intruders in your house, have a struggle and you kill one, he has already been through the mill without sitting in jail and getting questioned.Joined the BMWX5 45e group
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4th Apr 2018 12:40 pm
Scott #55
Member Since: 15 Apr 2015
Location: Glasgow
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The phrase 'disproprtionate force' is what concerns me.
I haven't been involved in any physical confrontation since primary school (40 years ago) and I will go out of my way to avoid it. I have no first-hand experience of what constitutes reasonable force, and so how am I expect to know where to draw the line?2014 - D4 2010 HSE Nara Bronze
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4th Apr 2018 12:41 pm
RandomKamikaze
Member Since: 10 Dec 2014
Location: Berkshire
Posts: 448
At the moment it is suspicion of murder.
He's detained so they can gather facts and then decide whether or not arresting for murder (or possibly manslaughter) is appropriate.
Yes, it is crazy that he has been arrested at all, but its the process that everyone has to go through.
IMO though, its clearly self-defense and any other outcome at the end of the evidence gathering stage would be completely ludicrous.
4th Apr 2018 12:50 pm
astonbuilder
Member Since: 29 Sep 2006
Location: MIDLANDS
Posts: 8051
^^^^^^ agree with that
4th Apr 2018 1:12 pm
Robbie
Member Since: 05 Feb 2006
Location: ¯\_(ツ)_/¯
Posts: 17932
The arrest is the questionable bit, especially with the revised guidance. I appreciate that the threshold for an arrest is much lower but I am struggling to see why the police think they have reasonable grounds to believe a murder has taken place in the circumstances given.
A chap who has found himself facing 2 armed burglars in his home should be supported from the outset. Taken to custody with DNA, fingerprints and photos taken is not my idea of support.
I met my last burglar as he was coming through the window with a knife - this was after I had disturbed him earlier so he knew the house was occupied. He got away but left his DNA on the knife - a Latvian fellow according to the lab. I have a massive distaste when it comes to killing people, but if needs must I will.Land Rover - Turning Drivers into Mechanics Since 1948
I thought that if you were involved in a crime or potential crime that you had to be arrested first to protect your legal rights as you can only be interviewed with legal representation and on tape. The days of "Helping with Police enquiries" are long gone.
It is the CPS who decide if to prosecution not the police.
4th Apr 2018 1:36 pm
lynalldiscovery
Member Since: 22 Dec 2009
Location: Maidstone
Posts: 7274
If hes got his head screwed on he will say nowt to the police and get a good brief.
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got more than they bargained for in my eyes anyway good ridence.
