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Can you stab someone in the back in sef-defence?
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For more on marking an answer as the "Best Answer", please visit our FAQ.Heard about a burglar who was caught in the act and the house-holder took him to the shed and chained him to the bench by the testicles. House-holder came back a few minutes later with a big kitchen knife. Burglar yelled "you're not going to chop my nuts off are you?"
Bloke said "No, you are, here's the knife...........I'm going to set fire to the shed"
Bloke said "No, you are, here's the knife...........I'm going to set fire to the shed"
I always thought that if someone is burgling your property they waive their right to protection under the law.It's a disgusting crime that is hardly even treated as a criminal offence these days. However I know what game you are playing jake, you want to establish how far the "black and whiters" think is reasonable. Well we are not black and whiters it's just that I have never seen a case where I considered a housholder has gone over the top. Your fortnight of sex slavery and torture example is obviously OTT, I think you know that. Acting to defend your home and loved ones in my opinion should cover death of the intruder if it happens. Look if they turned away on me I'd not miss a chance to immobilise them in any way I could and that would still be self defence. What should we do then Use harsh language, perhaps give them a leaflet explaining their rights and perhaps introducing them to the local macrami club. Jake get it into your head these people are scum and do not deserve your regular bleating out of excuses. Bang em up 10 years end of!
Are serious injuries inflicted on intruders commited out of anger or bad judgement on what is 'reasonable force'?
Believe me, if someone broke into your house and the force you used wasnt 'reasonable' enough you'd soon be on the receiving end. How can you possibly made judgement calls like that in a split second?
Believe me, if someone broke into your house and the force you used wasnt 'reasonable' enough you'd soon be on the receiving end. How can you possibly made judgement calls like that in a split second?
The jury thought so or, strictly, were not satisfied that it was not self-defence under the law. Real cases are decided by real people. Fanciful cases on AB are not decided by anybody.
Most cases require the jury to assess something which cannot be defined to fit every case . 'Without reasonable excuse' and 'dishonestly' are two such and 'self defence', with all its ingredients, is another
Most cases require the jury to assess something which cannot be defined to fit every case . 'Without reasonable excuse' and 'dishonestly' are two such and 'self defence', with all its ingredients, is another
It is a grey area Jake, which means just because you're at the lighter end of the grey and others are at the dark end doesn't make you right and them wrong.
Your concept of self defence seems to amount to running away, raising your arms to try and deflect the blows being landed on you, or perhaps begging for mercy. Anything above and beyond that looks like it's straying into the the area that you call 'Wreaking vengeance'.
This is why we have jurys to sit down and look at the facts sensibly. In this case they've decided the man acted reasonably. Personally I'm glad about that because I'll always side with the intrudee and against the intruder.
Your concept of self defence seems to amount to running away, raising your arms to try and deflect the blows being landed on you, or perhaps begging for mercy. Anything above and beyond that looks like it's straying into the the area that you call 'Wreaking vengeance'.
This is why we have jurys to sit down and look at the facts sensibly. In this case they've decided the man acted reasonably. Personally I'm glad about that because I'll always side with the intrudee and against the intruder.
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It's not really a major problem anyway is it? We currently don't have hordes of would be burglars turning up at A&E because the person they were intending to rob or assault had the affrontery to retaliate and assault them back.
What we do have though is plenty of cases where people have been minding their own business and fallen victim to completely unprovoked attack by violent criminals.
If we're prioritising things I'd look at that problem first.
What we do have though is plenty of cases where people have been minding their own business and fallen victim to completely unprovoked attack by violent criminals.
If we're prioritising things I'd look at that problem first.
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