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Originally posted by CrackBerry
Originally posted by sassyncute
reply to post by TheLoneArcher
In England no one is aloud to defend themselves in the face of adversity and are more than likely to be the ones charged.
Sorry but that is totally incorrect, the law states that you are allowed to use such force, as is reasonable, in self defence . To quote the actual law "A person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large." Also there is no rule of law that a person attacked is bound to run away if he can, it is even enshrined in UK law that pre-emptive strikes are allowed as Lord Griffith said in Beckford v R [1988] AC 130: "A man about to be attacked does not have to wait for his assailant to strike the first blow or fire the first shot; circumstances may justify a pre-emptive strike."
Probation officers on Martin's cases said there was an "unacceptable risk" that Martin might again react with excessive force if other would-be burglars intruded on his Norfolk farm
Originally posted by Death_Kron
While that is correct you know just as I do that in the UK political correctness gone mad and other factors have led to many, many cases where the victim is arrested and even prosecuted by the police while the attacker escapes scot free.
Take Tony Martin as a prime example.
en.wikipedia.org...(farmer)
Probation officers on Martin's cases said there was an "unacceptable risk" that Martin might again react with excessive force if other would-be burglars intruded on his Norfolk farm
Sums up English law perfectly...
Of course you should be allowed to defend your property with force, lets make it simple for all those burglars out there: If you don't want to be shot at, stabbed, punched or other wise injured then don't attempt to break into other peoples homes and take what isn't yours!
edit on 16/9/10 by Death_Kron because: Added external text & comment
Originally posted by CrackBerry
But the level of force that Tony Martin used was in no way reasonable, the chappie he killed was shot in the back, while running away. Also, the shotgun he had was illegal. There is a fine line between defending yourself, and executing people.
Originally posted by ImaginaryReality1984
You are seriously oversimplifying that one. He was terrorised for a long time and he finally snapped. That's why it was a miscarriage of justice becuase when someone snaps they don't always just pick up a gun and shoot random people, they can snap like he did, waiting long hours until the burglars come back again. I wonder if you would be saying this same thing if you had had your property broken into multiples times and felt under siege in your own home.
Originally posted by nik1halo
reply to post by Death_Kron
That reasoning might have worked if the burglar wasn't running away at the time he was shot. If he's running away, how can it be self defence? If it's not self defence, then it's assault, or in this case, he could have been done for attempted murder!
Originally posted by nik1halo
reply to post by Death_Kron
That reasoning might have worked if the burglar wasn't running away at the time he was shot. If he's running away, how can it be self defence? If it's not self defence, then it's assault, or in this case, he could have been done for attempted murder!
Originally posted by nik1halo
reply to post by Death_Kron
One of the first things I learned in law is that morality and legality do not always go hand in hand.
Originally posted by nik1halo
One of the first things I learned in law is that morality and legality do not always go hand in hand.
Originally posted by ImaginaryReality1984
Yes the law and justice often seem to be at odds. No one is questioning whether the law was followed because it was, however i would argue that there were some rather serious mitigating circumstances. The man was at the end of his tether, the police had failed him,. he had done everything a law abiding citizen should of and he finally cracked. I never saw whether he argued diminished responsibility, i know that's hard to prove but it's something to have on appeal. Shooting someone is so obvious in that situation it would only be done by a desperate man.
Either way the law needs changing in the UK, a person should be able to defend their property and not simply be told to lock themselves in a room until the police arrive. Burglars are usually in and out in under 3 mnutes, experienced ones sometimes even faster than that. The police simply won't have time to get there and if i can grab a stick and knock the individual to the floor i don't see the problem. If said individual happens to die then that's a shame but he came into the home and understood the risks when doing so.
Hopefully that'll never happen though.