Whaley Bridge (UK) - attempted burglary / shooting

[Stu999]

Looks like a farmer wasn't too happy with being burgled and shot two people, killing one.

Whaley Bridge: Farmer held over burglary shooting death

The man is being detained on suspicion of murder following the shooting, the BBC understands.

www.bbc.co.uk

The farmer has been arrested for "murder and attempted murder". I'd be very surprised if he was convicted unless he's somehow entrapped the would-be burglars. What do you think about this incident?

 

[Stu999]

Personally I think if someone breaks into your house they should leave their rights at the door, but shooting them is always going to be a difficult one to explain, and, like the Tony Martin case, it wouldn't surprise me if they were running away at the time...

Hopefully that isn't the case. I'd be surprised if a jury would convict the farmer if it looks like a legitimate case of defending himself / property.

I do wonder if the police will try to get him on something else like improper storage of his (I assume) shotgun.

 

[Stu999]

a burglar "falling down the stairs" is one thing, killing them is just wrong.

Disagree.

but only if they are a threat.

someone trying to escape isn't a threat

I do agree with this though.

 

[Stu999]

@Angilion - that’s not how castle doctrine works. There still has to be a reasonable belief that there’s a threat to you, e.g. not just a kid running on to your grass to get a ball back.

The details matter: A look at the Castle Doctrine and how it works

The Castle Doctrine seems simple enough, but it does not provide people with a license to kill. It must meet a certain criteria to fit under the law.

eu.poconorecord.com

 

[Stu999]

Two more arrests, sounds like for the would be burglars:

Whaley Bridge: Two further arrests after burglary shooting death

Derbyshire Police confirmed two further arrests were made in relation to the death of Marcus Smith.

www.bbc.co.uk

 

[Stu999]

Suitable laws are already in place.

What law does apply to this. Genuine question, I don’t know, not trying to catch you out.

 

[Stu999]

IIRC it's not so much a specific "law" as written down by the government, but rather largely case law over the last few hundred years where courts have defined what is likely reasonable etc.

Ah right, understood. Would be nice to have a black letter law on this but not really a top priority.

 

[Stu999]

Can you take this to DMs?

 

[Stu999]

At least they're related to the OP for a change...

Yeah, but it’s literally just going back and forth over semantics. Neither of them is going to back down and regardless it doesn’t matter until this goes to trial.