O/T burglaries.

[Exiletyke]

Are you for real, Zyles? I posted about what the law says on ‘householder’ self defence and you asserted that it was a gross misrepresentation. You now appear to accept that I am right, but want an apology...

The Crimes and Courts Act 2013 amended the Crime and Immigration Act 2008. Everything you need to know is in section 76, as I explained.

For the record, I take no pleasure in you making an arse of yourself. It's entirely your choice.

Just note my use of the word grossly in my original reply
It was sarcastically meant but it seems Cur you are incapable of seeing what is right before your eyes because you failed to mention
grossly disproportionate

[CASPER-64-FRANK]

Someone I know came in off night shift and went straight to bed.
At 8am his wife went to work.
At 9am this bloke woke up because he heard someone making noises downstairs.
On going downstairs and opening the living room door there was a young lad with an armful of electrical gear under his arm. Young lad drops the gear and makes for the open window. Unfortunately for him the bloke was quicker, he picked up a baseball bat and gave the young lad a tap on his thigh as he was halfway through the open window.

The moral of this story is....
Don’t bother with a shotgun or shells when...
A cheap baseball bat will do !

[Pattylallacks2]

Someone I know came in off night shift and went straight to bed.
At 8am his wife went to work.
At 9am this bloke woke up because he heard someone making noises downstairs.
On going downstairs and opening the living room door there was a young lad with an armful of electrical gear under his arm. Young lad drops the gear and makes for the open window. Unfortunately for him the bloke was quicker, he picked up a baseball bat and gave the young lad a tap on his thigh as he was halfway through the open window.

The moral of this story is....
Don’t bother with a shotgun or shells when...
A cheap baseball bat will do !

Or maybe shut the windows before you go out or to bed

[Pattylallacks2]

Jolly and Mightiest Troll would have liked that, Grist.

Mmm Jolly, wonder what name he's using now.

[KerrAvon]

Just note my use of the word grossly in my original reply
It was sarcastically meant but it seems Cur you are incapable of seeing what is right before your eyes because you failed to mention
grossly disproportionate

You still seem intent upon making an arse of yourself.

I correctly stated the law - a householder is permitted to use disproportionate force in defence of himself or his property. Why do you want me to apologise for correctly setting out the position?

[CASPER-64-FRANK]

Or maybe shut the windows before you go out or to bed

It’s the thrill of the chase and the sound of a cracking thigh bone that makes it all worthwhile.

[Brin]

You still seem intent upon making an arse of yourself.

I correctly stated the law - a householder is permitted to use disproportionate force in defence of himself or his property. Why do you want me to apologise for correctly setting out the position?

Kerr, good evening. Apologies for jumping in on this but I need some advice. The words 'disproportionate force' can go how far?

example: Burglar breaks into my home armed with say a baseball bat. We meet up, he goes to assault me with the bat but I wrestle it from him. I then batter the living s.hit out of him, though not killing him. I then phone the police. Will I be charged with assault bearing in mind this burglar's intent was to physically harm me?

[MILLERSTALE]

It still will

I find that the best time to commit to a burglary in Rotherham is every other Saturday between 3 and 5 and occasionally on Tuesday night ? Sometimes people on this site will tell you when they won’t be in !

[Pattylallacks2]

Kerr, good evening. Apologies for jumping in on this but I need some advice. The words 'disproportionate force' can go how far?

example: Burglar breaks into my home armed with say a baseball bat. We meet up, he goes to assault me with the bat but I wrestle it from him. I then batter the living s.hit out of him, though not killing him. I then phone the police. Will I be charged with assault bearing in mind this burglar's intent was to physically harm me?

I assume in this scenario Brin that the the Millers had just lost at home again?

[KerrAvon]

Kerr, good evening. Apologies for jumping in on this but I need some advice. The words 'disproportionate force' can go how far?

example: Burglar breaks into my home armed with say a baseball bat. We meet up, he goes to assault me with the bat but I wrestle it from him. I then batter the living s.hit out of him, though not killing him. I then phone the police. Will I be charged with assault bearing in mind this burglar's intent was to physically harm me?

I don't give legal advice, but will talk hypothetically..

If the case were charged it would be for a jury to decide whether the force that you used was reasonable in the circumstances that you believed them to be. The jury would also be told that your use of force would not be unreasonable simply by virtue of it being disproportionate.

I don't think there is a jury in the country that would find you guilty and, frankly I don't think it would get that far - the CPS would, I think, be very unlikely to charge and a judge might well stop the case if they did.