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Joined: Oct 2009
Posts: 247
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Posts: 247 |
As a lawyer, I have to advise against use of excessive force in this way. Do enough to get rid of them. I accept and realise that the law is not brilliant in this respect, but those of you advocating stabbing a human being and suggesting that it is an acceptable use of force are far from correct.
Remember, many of you were the ones feeling sorry for the chap threatening to throw himself off a crane. People who have suffered serious mental trauma or who are that desperate for money/fix etc will do things like this.
Kind regards,
Ian I rather suspect that you know what I mean, and I don't propose to enter into the rights and wrongs of solicitors either.
Excessive force is just that... excessive force.
Now this old chap could well be in trouble, or could be deemed that what he did was appropriate. A lot will come down to number of stab wounds and their location. If they were stabbed in the back whilst leaving having already ransacked the place then that is excessive.
You can't stab someone to prevent them leaving, you could perhaps stab them to stop them doing the same to you.
The bottom line is that in the eyes of the law, the life of the person in your house, regardless of whether he should or should not be there, is more important than your belongings.
Of course, I am not in possession of the full facts of the case and it would be wrong of me to apply any of the above to the case in point. Therefore everything I say is 'for example'.
Kind regards,
Ian Are you a deffence lawyer for these types of ... bags? If so you should be ashamed mate. If not then I apologise. I know you're only speaking through a "legal-eye" but even as a solicitor, you must agree that the law is ridiculous in this area? ( aswell as many others, lol ). 2 x 39 year old men break into a 72 year old pensioner's house yet legally he isn't allowed to harm them in order to deffend himself? What a load of rubbish. This is nothing to do with thier mental state - they are purely bone idle, thieving ... bags who deserve everything they get. If they need money whether it be for a "fix" or anything else, they should get off thier arses and get a job. There are plenty around for those who truely want one - if you're that desparate, you'll take any job to bring the money in ( believe me, I've been there ) but breaking the law, thieving, burgling, stealing e.t.c. is done at your own risk. If you get hurt while in the process of committing a crime then it's your own bad luck - no sympathy what so ever for them. What's excessive force got to do with it? As you said - " do enough to get rid of them" - he did just that so job done!! I know what I'd do in his situation and many others too. My property is my private, personal domain - I wouldn't like to be on the recieving end of me and my wife in the middle of the night that's for sure. Well done old guy - the world needs more people like you - 72 and still putting up a fight - good on you mate!!
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Joined: Mar 2010
Posts: 805
Wise One
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Wise One
Joined: Mar 2010
Posts: 805 |
^^^^^ yea that. Hear Hear
It's 106 miles to Chicago, we got a full tank of gas, half a pack of cigarettes, it's dark, and we're wearing sunglasses
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Volly,
No, I am not a criminal defence lawyer.
You will also not that I did mention that the law was not brilliant in this respect and a well needed shake up is on it's way due to cases of this type.
Kind regards,
Ian
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Joined: Oct 2009
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Volly,
No, I am not a criminal defence lawyer.
You will also not that I did mention that the law was not brilliant in this respect and a well needed shake up is on it's way due to cases of this type.
Kind regards,
Ian Fair enough
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Joined: Nov 2003
Posts: 12,002
Wiki Master
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Wiki Master
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My assumption - if I caught anyone, would be that they are tooled up for the job, be it bars, screwdrivers etc, and maybe even knives.
I think Id want to strike first if they where in my home.
Fair play to him - I hope the blood trail leads the police straight to to theiving ...!
What If There Were No Hypothetical Questions?
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Nobody
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I hope the blood trail leads the police straight to to theiving ...! Not necessary, they only need to open the cell door 
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Joined: Apr 2010
Posts: 5,551
Forum Veteran
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I would use any force necessary and take the consequences.
What about the house holders mental state being confronted in their own home!
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excessive force.... doubt a 72 year old could dosh out excessive force to be fair.
We dont know if he took the knife off them ! Personally i find this excessive force issue a wild card.
So some thieveing ***** *** ******* ***** *** **** breaks into your house to steal from you, you defend yourself, but what if you strike someone in such a way with an open hand or foot, your not armed so is that reasonable force as youve not actually picked up a weapon?
><((((*> <*))))><
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Well done to the old chap, as an old instructor of mine used to say "Better to be Judged by twelve than be carried by six".
The issue here is the use of reasonable force; you can use any force that is reasonable in the Defence of your self, defence of others or property and the aspect of whether the force is reasonable is different in every situations. Im just glad he is still around to tell the story.
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Joined: Apr 2009
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 Good on them!! If anyone broke in here, they'd get a pair of crutches round their heads. I love it when you talk dirty! What is your friends name?
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Joined: Oct 2008
Posts: 5,210
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Posts: 5,210 |
You don't hear anything about the wealthy people who live in the country and own guns (except that farmer) getting burgled.
Does the thought of getting shot deterred the thieves.
Am apprehensive that the burglars may start going in armed to prevent folks from doing any harm to them as a result of what has happened lately
ps think it best to keep your defensive means in the bedroom rather than downstairs where they could be found and used against you
Last edited by derekdwc; 6th Jul 2011 5:33pm. Reason: ps tip
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Noticed the road was closed this morning on the way to work. Didn't have a clue what gone on!
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Good on them!! If anyone broke in here, they'd get a pair of crutches round their heads. I love it when you talk dirty! What is your friends name? Bril 
5 Precepts of Buddhism seem appropriate. Refrain from taking life. Refrain from taking that which is not given. Refrain from misconduct. Refrain from lying. Refrain from intoxicants which lead to loss of mindfulness
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 to the old fella, you should be able to protect yourself in your own home, well done again, these people get what they deserve
Jim Beam coke and ice
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It actually happened in the elderly peoples sheltered accomodation in Rodney Street. What ...!!
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