courts can only go by guidelines set out by government.
Homeowner fights off knife-wielding burglars, gets 30 months; burglar spared jail
- Thread starter scorza
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courts can only go by guidelines set out by government.
In considering the evidence before them, and applying the sentencing guidelines they are given correctly, in the most part yes.
Btw, note that the only comparison is media reports, which I'm sure you can imagine isn't the highest of hurdles to exceed.
Here's the actual transcript, it's interesting reading
http://www.bucksfreepress.co.uk/news/4794317.Munir_and_Tokeer_Hussain_sentencing__Judge_s_remarks/
For example, I wonder why this didn't make it into any of the main media reports?
Btw, note that the only comparison is media reports, which I'm sure you can imagine isn't the highest of hurdles to exceed.
Here's the actual transcript, it's interesting reading
http://www.bucksfreepress.co.uk/news/4794317.Munir_and_Tokeer_Hussain_sentencing__Judge_s_remarks/
For example, I wonder why this didn't make it into any of the main media reports?
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Whilst I agree beating them over the head to give them brain damage is not reasonable, I'd happily chase someone/rugby tackle them and incapacitate them - by that I mean stop them from running off and being able to stop them from escaping until the police come. If it means using more force you can bet your bottom dollar I'd use it!
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To be honest if I was in Mr Hussain's Position would I have acted any differently? I'm not sure.
If a group of thugs broke into my house, threated my family, tied me up and stole my property. I can assure you that just because they made it outside and off my property, they will still be fair game and I would be shouting out to friends and neighbors to help me catch and kick the **** out of the robber.
If I have to do prison time for it, well thats something I will have to accept (or appeal against).
Do I have any sympathy for the thief in this case... Well obviously no, he got everything he deserved except jail time.
I do have sympathy for Mr Hussain, but at the same time he took things too far (as I said I would most likely act in a similar manner, that does not make it right)
However think of things this way, the ultimate responsibility has to be on the British Judicial System. After 50 Criminal Convictions this person is still roaming the streets committing further crimes. There is no place for this person in Society and at this point he should be serving a Life Sentence as he clearly has no intentions of attempting to fit abide by the law.
On a note of reasonable force. Its a stupid term. What may be reasonable to one person may be unreasonable to another. Frankly as far as I'm concerened Reasonable force only becomes unreasonable after they stop moving, or after they have been tied up. What happens before either of those two events in my opinion is Necessary force.
If a group of thugs broke into my house, threated my family, tied me up and stole my property. I can assure you that just because they made it outside and off my property, they will still be fair game and I would be shouting out to friends and neighbors to help me catch and kick the **** out of the robber.
If I have to do prison time for it, well thats something I will have to accept (or appeal against).
Do I have any sympathy for the thief in this case... Well obviously no, he got everything he deserved except jail time.
I do have sympathy for Mr Hussain, but at the same time he took things too far (as I said I would most likely act in a similar manner, that does not make it right)
However think of things this way, the ultimate responsibility has to be on the British Judicial System. After 50 Criminal Convictions this person is still roaming the streets committing further crimes. There is no place for this person in Society and at this point he should be serving a Life Sentence as he clearly has no intentions of attempting to fit abide by the law.
On a note of reasonable force. Its a stupid term. What may be reasonable to one person may be unreasonable to another. Frankly as far as I'm concerened Reasonable force only becomes unreasonable after they stop moving, or after they have been tied up. What happens before either of those two events in my opinion is Necessary force.
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I agree with that, I had a problem with him saying you can give them a blow to the head regardless of the situation and it would be legal.
Well since we have no information to the contrary, let's assume that the media reports are accurate. Tbh it wouldn't be that unusual to find a cricket bat or a hockey stick to hand in a British Asian's home, a metal pole could have any number of uses.
And is even backed up by the Judge
The line seems pretty clear in this case, in fact the Judge has been at pains to point out where the line is - apprehend a suspect, use reasonable force defending yourself is fine.
Beat the living *&^% out of someone in a 4 -v- 1 situation armed with bats after they are apprehended, ignoring a bystanders pleas to stop, is not okay, and quite right too.
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If someone breaks into your house then you should be able to do whatever you please to them. Once the perpetrator breaks the law they should lose all rights.
There was still no threat and as such no self defence could be used.
the guy had a knife, how do you defend yourself against that? you jsut hold his legs and get stabbed to death... he will not lie there he will at least hit out, kick bit you... you will fight back and possible either end up dead or in the same situation as mr hussain...
the best advice would be jsut to let him go (despite my thought about what should happen to him)
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It's about being proportional. I personally, don't blame Mr Hussain. However it's just gutting that the guy managed to stay out of prison enabling him to commit another crime. However, whether it be karma or just bad luck (if you play the odds you'll get the bad one in time) his slipperiness with the courts/jail time ended up in him getting a beating. I feel little sympathy for him. I'm not going to shout from the roof tops praising Mr Hussain, however I can't help but feeling that the crook just picked on the wrong household and got what he deserved - not necessarily for that particular crime though.
Fair? Nope. Life's a bitch sometimes - and if you're going to do something criminal you better be ready for the repercussions. Thinking about it more, Mr Hussain (in the eyes of law) probably does deserve some punishment. However, in my personal view he doesn't - but since that's irrelevant to the law then so be it. The crook, I couldn't give 2 hoots about - **** him quite frankly.
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I doubt anyone does. That doesn't mean we should legalise revenge attacks though, or that Mr Hussain should not receive the term he did.
![[TW]Fox](/data/man-of-honor/2009.png){kind=avatar}
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As long as he was a criminal and not your gardener.
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No I agree - but I think more often than not the law isn't tough enough on real criminals.
[TW]Fox;15529836 said:
Well it depends. Have you tied up my garden gnomes and threatened their lacquer?
slightly different really as being in the garden isn't an immediate threat to you or your family. Holding people hostage, tied up with the very real threat of injury or loss of life is completely different. Not saying it warrants what happened to the crook in this case, but I still think a beating was deserved. He got brain damage, hopefully that'll be a lesson to his friends that they best give up their criminal ways - one can only hope.
but I think more often than not the law isn't tough enough on real criminals.
I agree as I said I think there should be an x-strike system regardless what the crime is where you are locked up for a very long time, for multiple offences.
Personally i think Mr Hussain used a bit too much force in exacting revenge so should be punished for that..but a 30mth sentence??...you gotta be ****ing kidding me...thats a bit harsh but im sure he will be out soon with good behaviour.
As for the **** who got the beatdown laid on him...im glad he got brain damaged but obviously it doesnt seem like it did him any good as hes up on a credit card fraud charge...
What an absolute arse this country and the justice system has become
...seems like the victim gets a harsher punishment than the offender.
As for the **** who got the beatdown laid on him...im glad he got brain damaged but obviously it doesnt seem like it did him any good as hes up on a credit card fraud charge...
What an absolute arse this country and the justice system has become
...seems like the victim gets a harsher punishment than the offender.