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"Breaking and Entering?"

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Tue 23/12/03 at 23:51
Regular
"Picking a winner!"
Posts: 8,502
Basically what started my thoughts on this was what happened early this morning.
Some mong attempted to break into my house at about 5am, lucky enough I wasn't sleeping to great at the time and heard a noise from outside then spotted the torch light from my bed through the blind and decided to have a look, few seconds later I heard a smash.

Ran downstairs quickly and found the back door window smashed but nobody to be seen. Police were called etc.

But after some much needed sleep this afternoon I had more thoughts on it all, annoys me to think that there are people out there who would break in to steal from folk especially so near to christmas. But thats life these days I guess.

But the real issue is what if they had got in. Remember the farmer guy Tony Martin or something along those lines. The guy who shot and killed the intruder and injured another. I had always thought that what he did was right but he went too far by shooting them.

If someone came into my house then I would guess they are there to steal or to do some other criminal activity (God they could kill you in your sleep, rape your sister etc etc)
I would do all I could to prevent them from doing anything. I'm sure by law you are allowed to use a certain amount of force and also to act in self defence. But what I can't grasp is how when someone breaks into your home and you use force to catch them or get them out then in courts you seem to become the guilty party. It just baffles me that they have gone out of there way, fully knowing what they are doing, to break into your house and then to take part in some crime and the owner (most likely acting on adrenaline, fear, anger) would then do what first comes to their head to protect their family.

Well I guess we were lucky in that they didn't come in and nothing really serious happened.

Just wondered what other peoples views on it where, what would you do if you heard someone entering your house at night?
Just how much force can you get away with?
Tue 23/12/03 at 23:51
Regular
"Picking a winner!"
Posts: 8,502
Basically what started my thoughts on this was what happened early this morning.
Some mong attempted to break into my house at about 5am, lucky enough I wasn't sleeping to great at the time and heard a noise from outside then spotted the torch light from my bed through the blind and decided to have a look, few seconds later I heard a smash.

Ran downstairs quickly and found the back door window smashed but nobody to be seen. Police were called etc.

But after some much needed sleep this afternoon I had more thoughts on it all, annoys me to think that there are people out there who would break in to steal from folk especially so near to christmas. But thats life these days I guess.

But the real issue is what if they had got in. Remember the farmer guy Tony Martin or something along those lines. The guy who shot and killed the intruder and injured another. I had always thought that what he did was right but he went too far by shooting them.

If someone came into my house then I would guess they are there to steal or to do some other criminal activity (God they could kill you in your sleep, rape your sister etc etc)
I would do all I could to prevent them from doing anything. I'm sure by law you are allowed to use a certain amount of force and also to act in self defence. But what I can't grasp is how when someone breaks into your home and you use force to catch them or get them out then in courts you seem to become the guilty party. It just baffles me that they have gone out of there way, fully knowing what they are doing, to break into your house and then to take part in some crime and the owner (most likely acting on adrenaline, fear, anger) would then do what first comes to their head to protect their family.

Well I guess we were lucky in that they didn't come in and nothing really serious happened.

Just wondered what other peoples views on it where, what would you do if you heard someone entering your house at night?
Just how much force can you get away with?
Wed 24/12/03 at 00:45
Regular
"Sex On Wheels"
Posts: 3,526
By law you are allowed to use a suitable amount of force to protect yourself from attack. In other words you can only hurt them enough to discourage them from continuing the attack. If you continue to beat the crap out of them that's classified as excessive violence and you become guilty too.

If however someone did break in to my house I would at first be scared crapless. Secondly I'd reach for one of my many knives I have lying around my bedroom (silver letter openers, pen knives etc) not much but at least it's something! Thirdly I'd grab my mobile which I keep by my bed and call the cops and finally I'd turn on all the lights closest to me, make a lot of noise to wake everyone else up and hopefully manage to frighten the guy away while getting reinforcements such as my parents and the police. If I had to fight him though I would say that you should use as much force as you want. I don't think shooting them is too far if it protects you and your family from someone who knew the risks of breaking and entering.
Wed 24/12/03 at 01:18
Regular
Posts: 20,776
I don't care what the law says, if someone broke into my house at night, I'd automatically assume they had evil intent, and would beat them to a bloody pulp. There would be plenty of time to consider the consequences later.
Wed 24/12/03 at 12:57
Regular
"SOUP!"
Posts: 13,017
There are always more robberies on Christmas time, the second largest amount of robberies take place tonight on Christmas eve, because people have gifts laid out around the tree (or wherever) and they're easier to nick.

It must be horrible to wake up as a child on christmas morning with nothing but a smashed window.
Wed 24/12/03 at 13:02
Regular
"SOUP!"
Posts: 13,017
To answer your queries...

Just wondered what other peoples views on it where, what would you do if you heard someone entering your house at night?

I have done a few times, my bedroom faces the back of the house and we have a security light that is motion sensertive. The light came on one night about 4am and I just so happened to be semi-awake and heard a bang. I looked out of my window to see a guy in a hat stood in my garden kicking my garage door. I shouted something like "Oi you mother f***er, the f***ing cops are on their way and Im gunna kick your f****ing ass", he ran away and I went back to sleep.

A few other times the neighbours have got rid of them, we live next door to a few 20 year old lads and they often get back in the small hours from clubs and that and a few times they have seen people in our garden and chased them and stuff for us. We're quite lucky in that respect.

Just how much force can you get away with?

You're allowed to use physical force but not use any weapons or objects except in self defence.
Wed 24/12/03 at 13:14
Regular
"Look!!! Changed!!!1"
Posts: 2,072
From the strict legal sense, you are allowed to use pre-emptive force in defending yourself. So, for example, if someone pulls a gun on you, you don't have to wait until you're shot before you do something about it. However, if someone just happens to be in your house, you can't kill them. Your acts have to be in proportion.

In Tony Martin's case he probably got what he disserved. Most people take a far too simplistic view - they were in his house = allowed to shoot them. Would these same people be supporters of the death penalty for burglary? Most people don't stop to think the issue through - did Martin give a warning? That we can never know. Was he in immediate danger if he didn't shoot? Nope - he was at the top of a flight of stairs, them at the bottom if I remember correctly. What really screwed him though was that he kept a loaded shotgun with him when sleeping. This wasn’t a solitary moment of madness, it was used to show (correctly or not) that he’d planned to attack intruders regardless.

With everything taken into account, if they had have been armed and posing a threat to Martin he could have got away with it. Proportionality is the key to knowing what you'd "get away with". If you find someone in your house no one will argue that battering them a bit isn't fair enough. However, it’s a bit of a tight-rope.
Wed 24/12/03 at 13:17
Regular
"Look!!! Changed!!!1"
Posts: 2,072
Paradox wrote:
> You're allowed to use physical force but not use any weapons or
> objects except in self defence.

Not really - each case will depend on its own individual merits.
Wed 24/12/03 at 13:18
Regular
"Ye a know"
Posts: 282
so if you heard sum1 in your living room and went in and there was a robber on all fours taking your presents then a running punt kick to his upper groin would be sufficient
Wed 24/12/03 at 13:21
Regular
"Not a Jew"
Posts: 7,532
Well, if someone came in my house I would have to say I would introduce them to my baseball bat. ("someone" being an intruder obviously, I wouldn't beat the pulp out of old Aunt Margaret if she popped in for tea)
Wed 24/12/03 at 13:53
Regular
"SOUP!"
Posts: 13,017
Dadio500 wrote:
> so if you heard sum1 in your living room and went in and there was a
> robber on all fours taking your presents then a running punt kick to
> his upper groin would be sufficient

Humourous mental imagery

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