Homeowner fights off knife-wielding burglars, gets 30 months; burglar spared jail

I think the permanent brain damage speaks for itself.

If you ask me it's pretty close to him actually murdering the guy (never forget at this point the intruder was NOT a threat). It's only fluke that the intruder didn't end up dead, the homeowner wouldn't have thought 'I'll just permanently brain damage him I won't kill him' - He'd have been hitting him as hard as he humanly could in the head many, many times, while the guy was on the floor.


You can get brain damage from falling over and banging your head though. As we were not there we don't know if the bat was just used to beat his body and the damage was from a fall or punch or whatever.

I'd hate to think what a full swing to the head with a cricket bat would do. A fair bit more than brain damage I'd have thought and serious reshaping of the head.

I'm not defending what they did, but I take what is written with a pinch of salt - as far as I can tell there is no mention of a cricket bat to the head.
 
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There is no mention of the size of the cricket bat or whether or not is was slightly broken already.

If you hit someone in the head with a proper cricket bat until it broke I really don't think they'd have much of a head left.

Indeed.

And was there any mention of the kind of brain damage he was left with? I'm no doctor but brain damage is just a broad term, and varies to anything from memory loss to being left in a wheelchair needing 24/7 care.
 
Well, at least it's still violent and he has a criminal record, but I think he should have gone to prison.

All of this nonsense about self defence is irrelevant. This was not an act of defence, it was an act of offence, and an extreme one at that. Such an act should never go unpunished, what on earth are we saying about justice if we allow an attack like this to exist without some sort of prison sentence?
 
Well, at least it's still violent and he has a criminal record, but I think he should have gone to prison.

All of this nonsense about self defence is irrelevant. This was not an act of defence, it was an act of offence, and an extreme one at that. Such an act should never go unpunished, what on earth are we saying about justice if we allow an attack like this to exist without some sort of prison sentence?

indeed, and they knew it, a defence of self defence was never presented to the court.
 
Very pleased for Mr Hussein and his family. Obviously his criminal record still stands and his brother is still in prison though :( I think that the "extreme provocation" that freed Mr Hussein should have also meant that the jury returned a Not Guilty verdict.

But he wasn't not guilty. He, along with his brother and two others, did beat the man despite him no longer being a danger so that entirely removes the possibility of his lack of guilt. In fact you couldn't even have the Scottish verdict of Not Proven - there appears to be no dispute whatsoever that he did beat the man so the best he could hope for is a lenient sentence - which is what he got.

You can get brain damage from falling over and banging your head though. As we were not there we don't know if the bat was just used to beat his body and the damage was from a fall or punch or whatever.

I'd hate to think what a full swing to the head with a cricket bat would do. A fair bit more than brain damage I'd have thought and serious reshaping of the head.

I'm not defending what they did, but I take what is written with a pinch of salt - as far as I can tell there is no mention of a cricket bat to the head.

You're right we don't know exactly how the man was beaten but I do think it is telling that there was an eyewitness who asked Mr Hussein and the others to stop attacking yet was ignored. However whether the cricket bat itself caused the brain damage or whether it was being kicked/punched seems slightly immaterial when it was seemingly a direct result of the assault - thin skull rule applies here, take your victim as you find them.
 
Excellent news, very pleased with this, never should have received a custodial sentence in the first place though.
 
Excellent news, very pleased with this, never should have received a custodial sentence in the first place though.

How can you say that. Have you even heard what they did.

Arm up and chased him down the street then beat two shades of blue out of him, with witnesses asking him to stop and them carrying on.

It was not self defence, self defence was not even used in court. It was totally unacceptable and he already got a lenient sentence.

As for why his brother got a reduced sentence that is madness, he was not in the house and would not of been enraged to anywhere near the same degree.
 
Excellent news, very pleased with this, never should have received a custodial sentence in the first place though.


If you steal a satnav from my car when I leave the window open, can I tie you down, extract your fingernails with pliars, break your nose with a brick, pour petrol on you and set you on fire for a while?


After all, think about it, this wouldn't be as bad as being permanently brain damaged ... so surely according to your judicial scale, me doing that would be fine ...
 

Yes, it's lame. He and his brother went out of the house and committed a dreadful offence by beating a man senseless, leaving him brain damaged. Now they let one of them out, showing him “mercy”. Well they didn’t show mercy to the man they beat. The Appeal Court should have left him in prison alongside his brother to serve his full term.
 
But he wasn't not guilty. He, along with his brother and two others, did beat the man despite him no longer being a danger so that entirely removes the possibility of his lack of guilt. In fact you couldn't even have the Scottish verdict of Not Proven - there appears to be no dispute whatsoever that he did beat the man so the best he could hope for is a lenient sentence - which is what he got.

Mr Hussein and his brother are morally innocent if not technically, as this more sensible sentence for Mr Hussein reflects. I don't know how anyone can argue that the law in this country doesn't benefit the criminal classes when extreme provocation isn't classed as a defence for anything other than murder (presumably if Mr Hussein had killed the burglar he'd be innocent :confused: ).

Oh and everyone else can spare me their sympathy for the victim here, who is so brain damaged he's still been committing crimes since the incident.
 
I think the permanent brain damage speaks for itself.

If you ask me it's pretty close to him actually murdering the guy (never forget at this point the intruder was NOT a threat). It's only fluke that the intruder didn't end up dead, the homeowner wouldn't have thought 'I'll just permanently brain damage him I won't kill him' - He'd have been hitting him as hard as he humanly could in the head many, many times, while the guy was on the floor.
This.
I think it should be perfectly legal to defend your home against intruders, but this clearly crossed the line from defence to revenge.
It's quite frightening that public opinion is starting to overrule the courts of this country. I see the judge was careful not to let it set a legal precedent, but that won't be realised by joe public, so when a similar situation occurs, they'll think it's entirely within their rights to dish out whatever punishment they see fit.

Sod it, I say we get rid of the courts altogether and try cases via public vote on prime time telly, Simon Cowell could host the program, he'd look good in a judge's wig.
 
And his brother and the 3rd guy?

(iirc there was 3 of them)

4 I think. 3 of which had nothing to do with the situation. How his brother is not on a much longer sentence I have no idea.

They were tied up but the businessman escaped and enlisted his brother to help chase the offenders down the street, bringing one of them to the ground.
:mad:


And I fear most people will ignore this point and think they are condoning the actions. he is still a convicted criminal.

Lord Judge said: "This trial had nothing to do with the right of the householder to defend themselves or their families or their homes.

"The burglary was over and the burglars had gone. No one was in any further danger from them."
 
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