UPDATE: Victim Jailed for Resisting Burglar, Burglar Set Free

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Jark212

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Jul 17, 2008
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"A millionaire whose family was held hostage by a knife-wielding burglar and his two accomplices has been jailed for resisting the burglar, who was himself spared prison.

The man, a wealthy 53-year-old businessman, returned to his Buckinghamshire home from a trip to the mosque together with his wife, daughter and two sons to discover three men had broken into their home.

The masked intruders threatened to kill them if they did not submit, and then tied them up. One of the man?s sons managed to get loose, and ran to the nearby residence of his 35-year-old uncle, who came back with him to try to free the rest of their family.

The gang broke and ran, but one of their number, a 56-year-old career criminal, was knocked down in the back garden, where he was beaten severely by the man and his brother. He was subsequently hospitalised with a fractured skull and brain damage.

The father and his brother were subsequently arrested and charged with inflicting grievous bodily harm on the burglar.

The presiding judge sentenced the defendant to 30 months in prison, and gave his brother 39 months in light of the fact that he had faced lesser provocation, accusing the pair of ?violent revenge,? and ignoring their defence that the beating had been ?taken in the agony of the moment?:

?The attack which then occurred was totally unnecessary and amounted to a very violent revenge attack on a defenceless man.

It may be that some members of the public or media commentators will assert that he deserved what happened to him, and that you should not have been prosecuted and need not be punished.

The courts must make it clear that such conduct is criminal and unacceptable.?

The judge stressed that the rule of law might be seriously imperiled if vigilantes were not jailed whilst criminals walk free:

?If persons were permitted to take the law into their own hands and inflict their own instant and violent punishment on an apprehended offender rather than letting the criminal justice system take its course, then the rule of law and our system of criminal justice, which are hallmarks of a civilised society, would collapse.?

The injured criminal who broke into his home was chided for a ?serious and wicked? attack, but was handed a non-custodial sentence in place of prison. His injuries may qualify him for a disability benefit.

UK law allows victims of violent crime to ?use no more force than absolutely necessary? to protect themselves, which in practice can often lead to those who resist and injure criminals facing more serious charges than their assailants?

Via the Daily Mail."

From: http://www.sankakucomplex.com/2009/12/15/victim-jailed-for-resisting-burglar-burglar-set-free/

Opinions? Thoughts?

I think that this in unjust, Reminds me of the Trampoline deal where if someone breaks into your backyard and breaks there leg on your trampoline your liable for damages...

Moral of the story, leave no survivors!!! (I think that's the moral)

UPDATE: 12-22-09
"After being hospitalized for two weeks the burglar immediately returned to his life of crime, being charged with a number of offenses, but courts refused to prosecute him due to his injuries, which included ?brain damage,? a fractured skull and a broken jaw, ruling that although he was evidently fit to commit crime, he was not fit to stand trial."
 

AkJay

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Feb 22, 2009
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The Daily Mail isn't really a credited newspaper, it's like the Onion in the states... Anyway, that's how our justice system works. It sucks and needs to be changed.
 

Jark212

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Jul 17, 2008
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AkJay said:
The Daily Mail isn't really a credited newspaper, it's like the Onion in the states... Anyway, that's how our justice system works. It sucks and needs to be changed.
I find most of the pro-censorship stories coming from the Daily Mail...
 

sky14kemea

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Jun 26, 2008
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pfft, if people don't take the law into their own hands, who will? The police are pretty much overwhelmed these days, because of stuff like this.
I think it's a load of crap :/ So basically I can't defend myself if someone breaks into my house and threatens to stab me?
Apparently (I have no proof of this, just a rumour I heard) If you use a knife or "offensive weapon" on a burglar, you can be put in jail. So I'm trying to get hold of a baseball bat or something, 'cause I'm mega paranoid.
If this stuff is true then I can't even use a bat! It ain't fair. T^T
 

sereg252

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Dec 11, 2009
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Self defense - Defense equal to the force being used against you and only if you feel your life is in threat. if the man is running away and gets knocked down and beaten to damn near death although justifiable and probably what i would do is no longer self defense its attempted-murder (*fixed murder to attempted sense he didn't die)
 

dududf

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Aug 31, 2009
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No, I'm going to have to agree with the sentencing (Mostly)

They induced BRAIN in the creature (and as such may not be right in the head (which explains why it was set free))

There's giving a whooping, and then there's too much, especially when it comes to kicking a animal when it's down.
Maybe a reduction is in order for accused, maybe a year tops, but no more then that.


The moment the thing fell down it was not self defense, remember that.

[sup]Please not I never reffered to "it" (the thing with Drain Bammage (See what I did there?)) as human. As he is inhuman if he'd threaten to kill a family for money.[/sup]
 

jonnosferatu

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Mar 29, 2009
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Other examples of UK "Justice" include a tourist being arrested for photographing "vital transportation infrastructure" (i.e. a London Bus) and a policeman being sentenced to five years in prison for turning a sawed-off into the local station rather than calling them to pick it up when he found it in his back garden (the arrest in this case was somewhat warranted because he apparently didn't SAY anything when turning it in, but actually sentencing him to five years is complete bull). There's also the part where you can prosecute someone for libel (or something to that effect) in British court on the basis that the offending material was READ in Britain.

So yeah. British justice needs fixing. Until such a time that it is, though, I'll just stay happy that I'm now living somewhere with a justice system that's very expensive but unduly harsh only to people who come close to deserving it (California! Yay lack of public education spending!).
 

Octorok

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May 28, 2009
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Furburt said:
Thanks England, for setting the bar high in the 'who is most divorced from reality' legal system!
Don't forget! Us Scottish and the Welsh are also affected by this kind of law.

This kind of thing wouldn't roll a thousand years ago. Somebody broke into your land, you could beat the shit out of him and set him on fire while the authorities watched and helped.
 

The Anhk24

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Dec 11, 2009
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I think is horrible,this burglar got what he deserved for breaking in. if you don't want to get beat up don't rob people
 

Flames66

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Aug 22, 2009
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Personally I don't think prison time is appropriate. Charge them the full cost of his medical bills maybe. I do agree that they should not have beaten him so severely. However if you look at the root cause of this, none of it would have happened if the guy hadn't broken into their house, so basically it's his own fault he got injured.

This could cause me problems later on as I have been taught , during a violent confrontation, to assume that my assailant has a dangerous weapon and is prepared to use it, and to keep attacking them until they are not in a position to do so.
 

Rancid0ffspring

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Aug 23, 2009
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Tough one to be honest.
Yes the mans family were threatened & I dread to think how I'd react in that situation. On the other hand, if he was let off it would promote vigilantism & taking the law into your own hands. I can understand subduing the man & pinning him down after a couple of punches but if he was injured to the point where it can be ruled as GBH than something must be done.
 

Levitas1234

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Oct 28, 2009
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Well obviously the brother and father are going to jail, they beat the shit out of a guy that already surrendered. +1 point for burglar rights!
 

Jark212

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Jul 17, 2008
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Octorok said:
Furburt said:
Thanks England, for setting the bar high in the 'who is most divorced from reality' legal system!
Don't forget! Us Scottish and the Welsh are also affected by this kind of law.

This kind of thing wouldn't roll a thousand years ago. Somebody broke into your land, you could beat the shit out of him and set him on fire while the authorities watched and helped.
Those where good times...
 

orangeapples

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Aug 1, 2009
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I think the "violent revenge" should only be a fine, and that the burglar should have his knees broken.

I like the way that law was enforced a long time ago. You steal something and you get caught, you get your hand chopped off.

You break into someone's property, they should be allowed to do to you as they see fit. Stupid stuff like this will only encourage criminal activity, because then they will know that the victims will not do anything to stop them.

If you break into my house, I feel I have the right to do whatever I have to do to protect my family and my life. Even if it means killing.

if a person decided to defy and break the law, they should not be allowed to be protected by the law. They shouldn't be abandoned, but just not defended.
 

Chicago Ted

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Jan 13, 2009
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Maybe I'm under the wrong impression but I believe that the people robbed should be punished in some way. Yes, I know they were threatened and such, but the way the beating has been described gives me the impression that they caught the guy, and proceeded to beat the living shit out of him. How hard is it for two men to subdue an older one? The amount of force applied by them does sound almost vigilantish. Do I think they shouldn't recieve nearly as harsh a punishment as the one they got? Yes. Do I think that the burglar should also be charged? Yes. What I'm saying though is that from how it is described, I am under the impression of some vigilateisome has happened here and it is a crime.
 

The Heik

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Oct 12, 2008
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The criminals threaten the family with a lethal weapon and when they defend themselves (while admittedly a bit overdone), they get arrested? That is just a legendarily stupid move by the court.
 

Internet Kraken

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Mar 18, 2009
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I agree with the courts decision.

The man was lying defenseless on the ground. They beat him so much that he may have received brain damage. That's just ridiculous. There is no reason for them to have beaten the criminal so much, especially when you consider that he was running away instead of attacking them. That wasn't self-defense. It was pointless revenge.

orangeapples said:
I think the "violent revenge" should only be a fine, and that the burglar should have his knees broken.

I like the way that law was enforced a long time ago. You steal something and you get caught, you get your hand chopped off.

You break into someone's property, they should be allowed to do to you as they see fit. Stupid stuff like this will only encourage criminal activity, because then they will know that the victims will not do anything to stop them.

If you break into my house, I feel I have the right to do whatever I have to do to protect my family and my life. Even if it means killing.

if a person decided to defy and break the law, they should not be allowed to be protected by the law. They shouldn't be abandoned, but just not defended.
Because the old laws were so effective. What you describe would be barbaric and pointless. And again, this was not self-defense. The man was attempting to flee. He was no longer a threat.
 

Littlee300

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Oct 26, 2009
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They let there anger get best of them.. should of just punched him once to weaken him then held him down. A guy threatening to kill you and your family, you would freak out on also :p

But if he surrendered already then you should of just left him and called cops.
What i would of done if he was on ground is guard him while he was on the ground with a bat while someone was calling cops. In case he ran away.

Kinda agree with the call, and that criminal won't be holding knives to anyone anymore...