Forum search & shortcuts

Murder or reasonabl...
 

[Closed] Murder or reasonable force?

Posts: 17336
Full Member
 

Indeed see above edit. The MINIMUM sentence for possession of an unlicensed firearm is 5 years, and under exceptional circumstances, he was sentenced to 10 months. I think justice was served by that sentence, personally.


 
Posted : 04/04/2018 5:49 pm
Posts: 0
Free Member
 

ony Martin (the farmer) didn’t help matters by after shooting someone, calmly got into bed, instead of calling the police.

The Tony Martin situation had quite a few problems and I think he was very, very lucky to get as light a sentence as he did. He did originally get convicted of murder (by a majority) but was reduced to manslaughter on appeal (serving 3 years in the end).


 
Posted : 04/04/2018 5:51 pm
Posts: 19545
Free Member
 

Northwind

Right, let’s forget about good taste and get right down to the important bit. Express your prediction of the outcome in no more than 100 words, ...

Not guilty.  Based on BBC information.   (94 words left).


 
Posted : 04/04/2018 5:58 pm
Posts: 5559
Free Member
 

 I think justice was served by that sentence, personally.

Using an illegally acquired firearm - it was not a shotgun as it was pump action -then staying up  waiting for them in order to shoot them three times in the back as they ran away  and he got three years

its the textbook case of murder IMHO and he did not even get the minimum for  the firearm offence. He also had previous as he lost his shotgun licence for shooting at and damaging the car of a scrumper - do you think that was "reasonable force" as well? I fee sorry for him but what he did was kill someone , deliberately as they ran away [ IMHO]

I know of a case where someone  got 5 years for a concealed tazer[ also a firearm offence] that was not even charged so inoperable,.


 
Posted : 04/04/2018 5:59 pm
Posts: 10337
Full Member
 

Thanks for the linke @TiRed.  I remember that but not the outcome.  It looks like he was very lucky to have the shotgun even if illegally


 
Posted : 04/04/2018 6:00 pm
Posts: 0
Free Member
 

Ridiculous nonsense.  Much like everyone else in the civilised world it's obvious that, if you come into my house without an invitation and with nefarious purpose, your consequent injuries may cause death or severe discomfort.


 
Posted : 04/04/2018 6:06 pm
Posts: 0
Free Member
 

Junkyard - I think you're confusing cases as the one you're talking about is for Tony Martin - not for the guy that got 10 months.


 
Posted : 04/04/2018 6:11 pm
Posts: 0
Free Member
 

Tony Marin's a hero.


 
Posted : 04/04/2018 6:24 pm
 DezB
Posts: 54367
Free Member
 

You’ve stolen my prediction

Yours?! I’ve been saying it for hours!

Really dont believe the old boy is the innocent party, but happy to be proved wrong


 
Posted : 04/04/2018 6:42 pm
Posts: 44822
Full Member
 

The old boys arrest is to enable investigation.

My prediction - he is not charged even.


 
Posted : 04/04/2018 6:50 pm
Posts: 13356
Free Member
 

Tony Marin’s a hero.

Does he ride one?

Wasn't Tony Martin (the farmer) simply fed up of being burgled?


 
Posted : 04/04/2018 6:54 pm
Posts: 5559
Free Member
 

Junkyard – I think you’re confusing cases as the one you’re talking about is for Tony Martin – not for the guy that got 10 months.

Yes you are correct, I am.  Sorry for the confusion/error


 
Posted : 04/04/2018 7:06 pm
Posts: 0
Free Member
 

Imho you should be entitled to kick the living **** out of anyone who enters your property in such a manner. If they end up dying tough shit. I know that having my wife and two children in the house would also up my kick the **** senses to nuclear level. Scum bags like that don't belong amongst law abiding hard working folk in my book. Flame away as I know I'm going to probably get some.

Oh and hoping not guilty.


 
Posted : 04/04/2018 7:36 pm
Posts: 0
Free Member
 

Homeowner ..innocent


 
Posted : 04/04/2018 7:41 pm
 ctk
Posts: 1811
Free Member
 

How do we know that the burglar forced the pensioner into the kitchen with a screwdriver?  Are the police releasing this?


 
Posted : 04/04/2018 7:45 pm
Posts: 40432
Free Member
 

With regard to the original question.... It depends if they were trying to nick his bikes.


 
Posted : 04/04/2018 7:57 pm
Posts: 13291
Free Member
 

I'm with wrighty on this...

WTF are you doing in my home?


 
Posted : 04/04/2018 8:05 pm
Posts: 0
Free Member
 

How do we know that the burglar forced the pensioner into the kitchen with a screwdriver?  Are the police releasing this?

I think people who don't read the original post should be stabbed with a screwdriver, a rusty one too😲


 
Posted : 04/04/2018 8:10 pm
Posts: 806
Free Member
 

The way I see it, the second a burglar chooses to ignore the law of the land and burgle a house, they should lose all protection of law - in other words, anything that happens to them is their own fault.

Don't want to get stabbed/shot/battered/killed/maimed? Don't break into houses. No excuses.


 
Posted : 04/04/2018 8:27 pm
Posts: 43955
Full Member
 

the second a burglar chooses to ignore the law of the land and burgle a house,

Just burglary? Why stop there?


 
Posted : 04/04/2018 8:40 pm
Posts: 8022
Full Member
 

in other words, anything that happens to them is their own fault.

What happens if they are running away? Can I hunt them down?

Also  when you say "burglar" what do you mean. Someone trying to open my door by mistake?

As others have said. Unless the story as initially reported is inaccurate chances are he wont be charged. He has just been arrested whilst the police check that the self defence claims are correct.


 
Posted : 04/04/2018 8:45 pm
Posts: 0
Free Member
 

BBC appears to have presented all the facts that they have been presented with. The Police will have more information but that may not be released for legal reasons. The only time you can really review these cases is post court case or release of all information.

Thats why I said you can’t take what the press say as there is no way all the information has be gathered in such a quick time


 
Posted : 04/04/2018 8:45 pm
Posts: 13356
Free Member
 

I also agree with wrighty on this.

Plus, It's one less shitbag for our understaffed prison staff to deal with. One less customer.

& before anyone says anything, in 16 years of being a screw, I never met a 'nice' burglar.


 
Posted : 04/04/2018 8:47 pm
Posts: 33983
Full Member
 

homeowner=gonna have to explain that it was ‘just there’ and he didn’t get it out of the knife drawer

Where has there been any mention of a knife being used? The house-owner is alleged to have stabbed an intruder during a scuffle, the accused was carrying a screwdriver as an offensive weapon. I would automatically assume the weapon used to stab the intruder was the screwdriver he was carrying.

I have access to quite a few very sharp items dotted around the house; several extremely sharp kitchen knives, three equally sharp axes I use for wood carving, a kukri that was my dad’s, that’s also very sharp, plus a four-cell Maglite. The axes would be the most problematic, because they’re kept in a wicker basket along with other tools, while the kukri is on a table upstairs, and the flashlight is just behind me where I’m sat on the couch, so my first option would be beating any would-be intruder/assailant senseless with that, other options depend on location. Retreating would present problems, the front door is usually locked, the back door mostly unlocked except when the house is empty, an intruder is most likely to enter into the kitchen, and I’d be unlikely to be able to get the front door unlocked before becoming a victim. Also, my partner would also be with me in the house, and I would not, could not allow her to be put at risk by doing a bunk.


 
Posted : 04/04/2018 9:03 pm
Posts: 5559
Free Member
 

Scum bags like that don’t belong amongst law abiding hard working folk

you know you are advocating an illegal assault that may lead to murder  neither of which can leave you in the pack of law abiding folk

This is like when ISIL behead someone and people say what a monster lets behead him

Two wrongs dont make a right- we teach our kids this FFS-  and entering my house is not something that should be punishable by death by extreme beating. That makes you no better than them  in the eyes of the   law.  You are closer to them than to law abiding decent folk.


 
Posted : 04/04/2018 9:28 pm
Posts: 0
Free Member
 

The sit down to pee brigade on here would likely put on a pot of lentils for the poor 'victims of society' whilst letting them have their way with their partners.


 
Posted : 04/04/2018 9:28 pm
Posts: 35101
Full Member
 

2 burglars force an elderly man into his kitchen, one of them has a screwdriver. There's a scuffle which ends up with one of the burglars being stabbed with his own screwdriver, they make it outside where he collapses, and a witness sees the other trying to get him in a van before giving up and driving off.

2 options; it's a straightforward defence, or there's something else going on entirely, hence the air quotes around burglar.

I'm voting option 1, and he gets off.


 
Posted : 04/04/2018 9:30 pm
Posts: 0
Free Member
 

I never met a ‘nice’ burglar.

Years back I had my collar felt following an altercation and was finger printed. They took a print of the outside edge of my hand and little finger, I asked why. Apparently thieves will often put their hand up against a window to shade it so they can get a good look through it before breaking in. "I've never met an intelligent burglar" said the copper..


 
Posted : 04/04/2018 9:35 pm
Posts: 4747
Free Member
 

You’ve stolen my prediction

STAB HIM!


 
Posted : 04/04/2018 9:41 pm
Posts: 0
Free Member
 

Burgler looks like he got an unplanned comeuppance and I fear that the old boy will suffer a stroke or heart attack through stress.  Nobody wins.

Oh and to slightly misquote Mr Garak from DS9 when asked if he’d shoot a man in the back “we’ll, it is the safest way, isn’t it?”


 
Posted : 04/04/2018 9:45 pm
 kilo
Posts: 6934
Free Member
 

So presumably all the armchair vigilantes are happy with Kenny Noyes first murder acquittal?


 
Posted : 04/04/2018 9:49 pm
Posts: 78537
Full Member
 

The old boys arrest is to enable investigation.

This is correct.

I heard an interview on the radio earlier with - I don't know, the chief of police or the investigating officer or something, I'm not sure - and paraphrasing he said "a man has died so we have to make an arrest."  Which makes perfect sense, he has to be questioned even if no charges are ultimately laid.

Having been the victim of a burglary that left me ****ed up for years I'm pretty much in the "one less scrote" camp, I appreciate that people fall on hard times and they can and do get rehabilitated but from personal experience I find it hard to be sympathetic.  Sorry.


 
Posted : 04/04/2018 9:58 pm
Posts: 2746
Free Member
 

I'd like to think if I confronted a burglar in my home, I would tell them to **** off and not come back.

if they then came at me , I would like to think I would hit them / stab them etc etc with the biggest / sharpest thing I could get my hands on at that moment.


 
Posted : 04/04/2018 10:42 pm
Posts: 1919
Full Member
 

Apparently thieves will often put their hand up against a window to shade it so they can get a good look through it before breaking in. “I’ve never met an intelligent burglar” said the copper..

Well no,  the burglars the copper has met have been caught so are obviously a bit shit at what they're doing...

I'm not promoting good burglary by the way, as for the old fellow, not enough info available, a dead person at your home would get you arrested until the issue could be resolved, also may be for his own safety as the other one got away.


 
Posted : 04/04/2018 11:57 pm
Posts: 0
Free Member
 

"Two wrongs dont make a right- we teach our kids this FFS-  and entering my house is not something that should be punishable by death by extreme beating. That makes you no better than them  in the eyes of the   law.  You are closer to them than to law abiding decent folk."

Oh do get a grip!

I don't recall having a criminal record for burglary, so therefore I'm already better than this lot.

Go view that bike thieving video I posted earlier and explain to me the utter contempt they show for the owner of the property. They don't deserve to walk amongst good hard working normal folk, and genuinely imho if they get a good ****ing hiding in the pursuit of other people's property then so be it.

Just as a thought what do you think would've happened in that vid if he'd gone out to confront them in broad daylight?

Still haven' sussed the ****ing quote button!


 
Posted : 05/04/2018 2:56 am
Posts: 14934
Full Member
 

Did anything concrete come of this

https://www.telegraph.co.uk/news/politics/conservative/9595589/David-Cameron-when-a-burglar-invades-your-home-they-give-up-their-rights.html

Probably first time I've ever agrees with the Tories!


 
Posted : 05/04/2018 3:39 am
Posts: 15
Free Member
 

Bordinbob yes it's called householders self defense , I'll paraphrase as I'm on holiday but basically for force in your own home , any force used in self defense other than grossly disproportionate force is reasonable self defense, and therefore lawful. I am running a murder case right now that is strikingly similar to this one. It is standard to arrest the householder for questioning . Police always in my experience arrest for gbh untill a medic has pronounced death then change it to murder. ( No idea why my typing has changed !)


 
Posted : 05/04/2018 5:37 am
 MSP
Posts: 15842
Free Member
 

Me: I think the arrest strongly suggests that there’s more to it and that it isn’t de facto self defence- I’ll go out on a limb and say the fatal wound/s isn’t consistent with self defence. For my bonus ball I predict multiple stab wounds in the back.

I will go with being there by invitation, and the burglary just being a cover story.

Whether that turns out to be true or not, it is clear that if you want to commit murder, claiming they were burglarising you is as effective in the stw juries eyes, as claiming the sun was in your eyes to a jury of top gear fans.


 
Posted : 05/04/2018 7:14 am
Posts: 12668
Free Member
 

chooses to ignore the law of the land (Insert law here), they should lose all protection of law – in other words, anything that happens to them is their own fault.

Is this for all laws, i.e. if someone chooses to speed in their car I can shoot at them as it is their own fault?

If it doesn't cover speeding then which laws that people ignore can we get all vigilante about, is it just burglary in particular?

Would there be a list somewhere?


 
Posted : 05/04/2018 9:22 am
 Drac
Posts: 50623
 

I will go with being there by invitation, and the burglary just being a cover story.

Well that explains why the other one hasn’t handed himself in as he was clearly innocent.


 
Posted : 05/04/2018 9:41 am
Posts: 43955
Full Member
 

What evidence is there of a second burglar?


 
Posted : 05/04/2018 9:45 am
Posts: 0
Free Member
 

The press say the burglars accomplice had gone upstairs, where his wife was probably still in bed from when they were asleep before being woken up.

He was downstairs with an armed burglar, so I would have thought it would be a fair to assume that he would think that the accomplice was armed as well.

I would imagine that the only natural thought for him would be the need to dispatch the burglar in the kitchen as quickly and decisively as possible to get upstairs to protect his wife.

And at his age his action against someone 40 years his junior must be considered reasonable, if he did anything less he would risk getting involved in a fight with him and then maybe not ever getting upstairs to his wife.

Surely no-one on this forum, faced with having their elderly wife upstairs, would do anything different?


 
Posted : 05/04/2018 9:47 am
 Drac
Posts: 50623
 

What evidence is there of a second burglar?

Bored already Scotroutes?


 
Posted : 05/04/2018 9:52 am
Posts: 16211
Free Member
 

Surely no-one on this forum, faced with having their elderly wife upstairs, would do anything different?

I hadn't realised that you were a witness.


 
Posted : 05/04/2018 10:47 am
Posts: 0
Free Member
 

I will go with being there by invitation, and the burglary just being a cover story.

They could have been there by invitation (eg. blokes he met at the pub) who then turned nasty and decided to rob him / were already targeting him. So many variables it's hard to have any real strong opinion without more info.


 
Posted : 05/04/2018 10:52 am
Page 3 / 7