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Itchy
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PostPosted: 14:54 - 15 Dec 2009    Post subject: Reasonable force? Reply with quote

https://www.timesonline.co.uk/tol/news/uk/crime/article6956044.ece

Quote:
A businessman who fought off knife-wielding thugs after his family were threatened has been jailed for 30 months.

<SNIP>

The incident occurred when the Hussain family returned from their mosque during Ramadan to find three intruders wearing balaclavas in their home. Hussain was told that he would be killed. His family’s hands were tied behind their backs and they were forced to crawl from room to room.Hussain, 53, made an escape after throwing a coffee table and enlisted his brother Tokeer, 35, in chasing the offenders down the street in High Wycombe, Buckinghamshire, bringing one of them to the ground.

What followed was described in Reading Crown Court as self-defence that went too far. Walid Salem, one of the intruders, suffered a permanent brain injury after he was struck with a cricket bat so hard that it broke into three pieces. Neighbours saw several men beating Salem with weapons, including a metal pole.




Shades of Tony Martin? , do YOU consider it reasonable to give somebody who had just given you a kicking a kicking back? , law says no apparently. Thinking


EDIT

I know I know he hunted down the crooks and gave them a kicking, but then didn't they deserve it?
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Last edited by Itchy on 14:59 - 15 Dec 2009; edited 1 time in total
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ms51ves3
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PostPosted: 14:56 - 15 Dec 2009    Post subject: Reply with quote

Beat them to a pulp. The justice system won't do anything about it.

Quote:
One of his attackers was spared a jail sentence.


Rolling Eyes
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map
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PostPosted: 15:09 - 15 Dec 2009    Post subject: Reply with quote

I do believe the line was crossed when it was a chase down the street and a prolonged beating by more than one other.

IMO chase and some physical damage (he fell m'lud) would have been ok if just stopped the guy from running off again.

Also IMO beating ok if still inside house and fearing for own and families life.

Also I'm surprised why none of them 'accidentally' fell down a flight of stairs when on remand.

As implied above, the legal system bears little or no resemblance to a justice system.

From the names of the criminals I'm taking a leap here and saying they're possibly of the Muslim faith? Confused (the victims were) If so, if this occurred in a Muslim majority county, say Dubai, would the 'justice' be the same as here in the UK? It's legend that a criminal's hands were severed. Is this still the case in the 21st century?*

Just my thoughts.

<edit>
FWIW I think I'm in the Harry Palmer Brown camp.
</edit>

* for the record I do not support having any Muslim influenced laws/punishment in the UK. IMO their attitude towards woman and rape/adultery stinks. I only mention this to compare and contrast.
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Last edited by map on 16:14 - 15 Dec 2009; edited 1 time in total
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daemonoid
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PostPosted: 15:30 - 15 Dec 2009    Post subject: Reply with quote

ms51ves3 wrote:
Beat them to a pulp. The justice system won't do anything about it.

Quote:
One of his attackers was spared a jail sentence.


Rolling Eyes


You know why he was "spared"? because he was hit so hard he's left brain damaged and is incapable of even submitting a plea. And "spared" in this case means a supervision order... Four men chased him down, then hit him with a bat so hard it gave him brain damage and broke the bat in 3!

I think the judge put it well:
https://news.bbc.co.uk/1/hi/england/beds/bucks/herts/8413787.stm wrote:
The judge said: "If persons were permitted to take the law into their own hands and inflict their own instant and violent punishment on an apprehended offender rather than letting justice take its course, then the rule of law and our system of criminal justice, which are the hallmarks of a civilised society, would collapse."

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Itchy
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PostPosted: 15:39 - 15 Dec 2009    Post subject: Reply with quote

daemonoid wrote:
then hit him with a bat so hard it gave him brain damage and broke the bat in 3!


I am utterly outraged at this,





What kind of crappy cricket bat breaks into three pieces?.

It should at least have held together until he'd dispatched the little scrote. I'd advise a crow bar next time.
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Hetzer
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PostPosted: 16:28 - 15 Dec 2009    Post subject: Reply with quote

What might be going through my mind...

"If I let these people escape/survive, and the police are unable to find and apprehend them, what's to say they won't come back, with the original motive plus a desire for vengeance, and kill me, my wife and my children?"

Self defence, in the face of people who have already proved an extraordinary willingness to transgress every notion of decent civilised behaviour, goes beyond the immediate. And any judge who cannot understand that is a fool.
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ms51ves3
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PostPosted: 16:46 - 15 Dec 2009    Post subject: Reply with quote

daemonoid wrote:
ms51ves3 wrote:
Beat them to a pulp. The justice system won't do anything about it.

Quote:
One of his attackers was spared a jail sentence.


Rolling Eyes


You know why he was "spared"? because he was hit so hard he's left brain damaged and is incapable of even submitting a plea. And "spared" in this case means a supervision order... Four men chased him down, then hit him with a bat so hard it gave him brain damage and broke the bat in 3!


Your point is? The guy deserved it.

If Mr Hussain didn't do anything, the justice system wouldn't have, so the repeat offender would have gotten away with it.

I hope Mr Salem suffers.
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Skudd
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PostPosted: 16:46 - 15 Dec 2009    Post subject: Reply with quote

Reasonable force is the act to stop what is happening or immediately about to happen.
Quote:

Self defence, in the face of people who have already proved an extraordinary willingness to transgress every notion of decent civilised behaviour, goes beyond the immediate.


Although this would be a good ideal in some right minded situations, I'm sure that the Legions of Traffic Wardens taking action against some Laughing in the belief that they were in future danger would be seen as a tad OTT.
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D O G
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PostPosted: 16:53 - 15 Dec 2009    Post subject: Reply with quote

Hetzer wrote:
What might be going through my mind...

"If I let these people escape/survive, and the police are unable to find and apprehend them, what's to say they won't come back, with the original motive plus a desire for vengeance, and kill me, my wife and my children?"


But he was restrained, he wasn't going anywhere, no need to use that level of violence.

If it had been a policeman who stopped the guy on the street as he ran away, then battered him with his truncheon and given him brain damage, would you feel the same?
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Hetzer
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PostPosted: 16:55 - 15 Dec 2009    Post subject: Reply with quote

Skudd wrote:
Reasonable force is the act to stop what is happening or immediately about to happen.
Quote:

Self defence, in the face of people who have already proved an extraordinary willingness to transgress every notion of decent civilised behaviour, goes beyond the immediate.


Although this would be a good ideal in some right minded situations, I'm sure that the Legions of Traffic Wardens taking action against some Laughing in the belief that they were in future danger would be seen as a tad OTT.


It was an extraordinary situation, not a parking offence gone wrong. In the heat of the moment I do not think it inexcuseable that the victim beat the perp's head in. The "heat of the moment"'s duration being dictated by what the victim had just endured/suffered.

In such extraordinary circumstances it is an instinct to permanently remove such an extraordinary threat. The judge was clearly unable to think outside his very small mental box.
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Raffles
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PostPosted: 16:57 - 15 Dec 2009    Post subject: Reply with quote

map wrote:


<edit>
FWIW I think I'm in the Harry Palmer Brown camp.
</edit>



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GhostRider
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PostPosted: 16:58 - 15 Dec 2009    Post subject: Reply with quote

I caught this on Radio 2 today, at first I couldn't believe it, but then reminded myself what country I live in.

Serves the cunts right, I would have done exactly the same had I been in the same situation.

Fuck anyone that says "Well, they were no threat anymore" So fucking what? Let that be a lesson to them thats what happens when you put a blade to someones sons/daughters throat and in this day and age I wouldn;t hesitate to think that they might well useit .

Lets face it, if they had done nothing the criminals would have got away with it scot free.

Quote:

Salem was the only intruder caught after the incident in September last year, but his injuries meant that he was not fit to plead after being charged with false imprisonment. Salem, who has 50 past convictions, was given a two-year supervision order in September this year. He is now in custody awaiting trial for an alleged credit card fraud.


Well, since those 50 previous convictions did nothing to deter him from the idea of shoving a knife in someones face, maybe his brain damage will, assuming he is even capable of wiping the drool from his own mouth.

If this was American his brains would have been blasted out over the tarmac and wouldnt have even raised an eyebrow. Given a 30 month sentence? Should have been given a fucking medal.

Taking the law into one's own hands is the only way that a message is going to get through eventually that if you fuck with someone else life (which encompasses breaking into their home, mugging them, basically committing any crime against them) then there is a good chance that you will be wheelchaired or worse. I wonder how many people would contemplate breaking into someones house if they thought there was a damn good chance they'd catch a bullet between their eyes? And if they did, so what, one less shithead on the street, go cry about it. The alternative? A slap on the wrist (50 slaps in this guys case) and a "dont do it again you naughty boy, back to the dole office with you to collect your taxpayers money now".

Ah bollocks, whats the point, nowts going to change, this particular situation would have been easier to avoid if the family had donned balaclavas before beating the cunt down, but in the heat of the moment you are not going to think of that, but its something to consider for the future I suppose.

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Hetzer
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PostPosted: 16:59 - 15 Dec 2009    Post subject: Reply with quote

Damofo D.O.G. wrote:
Hetzer wrote:
What might be going through my mind...

"If I let these people escape/survive, and the police are unable to find and apprehend them, what's to say they won't come back, with the original motive plus a desire for vengeance, and kill me, my wife and my children?"


But he was restrained, he wasn't going anywhere, no need to use that level of violence.

If it had been a policeman who stopped the guy on the street as he ran away, then battered him with his truncheon and given him brain damage, would you feel the same?


If the policeman had been the one victimized, yes. A human being has an inalienable right to protect his children against a clear and present potential future threat, as was the case here. People that come into another's house and perpetrate such a heinous act are clearly so far beyond the law as to be deserving of permanent removal. Not at the hands of the state, but certainly at the hot hands of the victim in the immediate aftermath.
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Skudd
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PostPosted: 17:00 - 15 Dec 2009    Post subject: Reply with quote

'Heat of the moment' has to be defined, given a time scale and a mind set.
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Hetzer
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PostPosted: 17:04 - 15 Dec 2009    Post subject: Reply with quote

Skudd wrote:
'Heat of the moment' has to be defined, given a time scale and a mind set.


Fighting free and chasing the perps up the street until one goes down, and then caving his head in, is well within the heat of the moment. Panic, fear, anger, adrenalin, nobody could be said to be of a right mind at that point. But it would appear the judge believes a human being should be capable of being a cold controlled calculating machine just minutes after seeing his children with knives at their throats, threatened with death.

The judge is a fool, and not fit to serve as one. Justice was not done.
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Skudd
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PostPosted: 17:31 - 15 Dec 2009    Post subject: Reply with quote

Quote:
Fighting free
ok so far,
Quote:
chasing the perps
things getting cold on the moment but can still be seen as a method to reduce further attack,
Quote:
until one goes down, and then caving his head in
too far by any normal right minded person. The being cold and reserved isn't just for when
Quote:
just minutes after seeing his children with knives at their throats, threatened with death.
it has to cover a wider set of actions.
I broke a guys face when he came at me with a blood filled syringe, I didn't go in with the knee and the rabbit punch once he dropped it. I used reasonable force. Being able to control aggression, use it then turn it off like a light switch is often needed.
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Hetzer
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PostPosted: 18:33 - 15 Dec 2009    Post subject: Reply with quote

If you break into my home and threaten the lives of my children with a knife you are beyond the law and deserve to die. Not for vengeance but because you now pose an ongoing threat to me and my family, one that I am naturally entitled to protect myself against.

There cannot be a victim on both sides of an offence of this nature. In this case the perps forfeited any right to be considered as such, no matter what was done to them in the heat of the moment.
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colin1
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PostPosted: 19:10 - 15 Dec 2009    Post subject: Reply with quote

The key thing for me, is not whether the victim got carried away, but the fact that he is in jail, and one of his attackers wasnt even given a jail sentence.

If the law was correctly applied, it's time to change the law.

If someone threatens to hit you, you are legally allowed to hit them first as a pre-emptive strike.

If someone threatens to kill you, and they arent joking, I think you are being overly lenient, in not attempting to kill them first, if you believe that they intend to kill you.

Obviously the law cant sanction pre-emptively killing folk, but I think it should allow a bit of leeway on reasonable force.
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Hetzer
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PostPosted: 19:21 - 15 Dec 2009    Post subject: Reply with quote

colin1 wrote:
The key thing for me, is not whether the victim got carried away, but the fact that he is in jail, and one of his attackers wasnt even given a jail sentence.

If the law was correctly applied, it's time to change the law.

If someone threatens to hit you, you are legally allowed to hit them first as a pre-emptive strike.

If someone threatens to kill you, and they arent joking, I think you are being overly lenient, in not attempting to kill them first, if you believe that they intend to kill you.

Obviously the law cant sanction pre-emptively killing folk, but I think it should allow a bit of leeway on reasonable force.


The law states that if somebody threatens to kill you, and you know they mean it and intend to, the most you are allowed to do to defend yourself is inform the police.

What happens if the police don't take you seriously and do nothing to protect you?

On the day I was given my 8-year sentence, while waiting in the prison reception (Wandsworth), there was a Rasta who had just been given a 10-year sentence for manslaughter. He had smuggled a pistol into a courtroom (in a Kentucky Fried Chicken box) and shot and killed the chap in the dock, who had previously tried to kill him on more than one occasion, injuring him with a spear amongst other things. The police had repeatedly failed to protect him, even after previous attacks. The judge gave him the most lenient sentence he could, even directed the jury to find him guilty of manslaughter instead of murder. After he had smuggled a gun into a crown court and pre-meditatedly shot the defendent in the dock.

The law makes no provision for a lethal pre-emptive strike in the face of a genuine threat and failure of the police to give protection. How can that be just?
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Harold_Shand
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PostPosted: 19:56 - 15 Dec 2009    Post subject: Reply with quote

I've got nothing new to add but if someone comes into your house like that, they deserve everything that's coming, that includes brain damage and death. Maybe if we were allowed to defend ourselves in this way and take the law into our own hands occasionally, the scum of the earth might go back to working instead of thieving.
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bazza
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PostPosted: 19:57 - 15 Dec 2009    Post subject: Reply with quote

I can't believe some of the stuff you lot are coming out with. I don't care if it was in the "heat of the moment" - chasing 3 people down the street and simply battering one of them into insensibility as the other 2 escape is utterly indefensible.

30 months is an example to others that this sort of thing is not to be tolerated. Why, for instance, didn't Mr Hussein extract the names and addresses of the other two before cutting Mr Salem's throat with his own knife in self-defence? Why were the other two not then tracked down, headbagged and transited to a quiet location to spend their few remaining hours on Earth in excruciating pain and abject fear in the company of grim-faced men, some simple woodworking tools and a jumbo pack of assorted cable ties?
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AngelGrinder
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PostPosted: 20:45 - 15 Dec 2009    Post subject: Reply with quote

It's easy to say from an outsiders opinion that it's over the top to chase someone down like that, but we don't know the circumstances, and you can't say anything until you've been through it.

Let's say...

You are awoken in the middle of the night by a few blokes wearing balaclavas. They tie you and your family up, slap them about a bit, tell you they are going to do horrible stuff to your family, all while smashing their way through all your worldly possesions and destroying your home.

You're not going to be very calm are you?

Now let's say you manage to break free and get your hands on something big and heavy or sharp....are you seriously going to watch them run down the road and escape? Or are you going to see red, after some cvnts just told you he's going to rape and kill your daughter, and chase them and unleash your fury?

I'm pretty sure if I was in the same situation, I very much doubt I could hold myself back. See 'Law Abiding Citizen' for the scene where he captures his family's murderer.
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Harold_Shand
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PostPosted: 23:41 - 15 Dec 2009    Post subject: Reply with quote

Justice is political and financial, not moral.

The police can't do fuck all... we can't do fuck all... judges can't do fuck all...

what could possibly be the outcome of this?
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daemonoid
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PostPosted: 23:48 - 15 Dec 2009    Post subject: Reply with quote

The bit of the story that is not clear is the length of time between escape of Hussein and then the subsequent beating of Salem. Hussein managed to get his brother 'from a nearby house' I assume he would've untied at least his wife, then picked up a cricket bat and also got a further two men (give him the benefit of the doubt and we'll say they were at his brother's house).

So, the 4 of them then went and chased down Salem, at which point they had him ready for the cops, but instead decided to beat the crap out of him. Surely 3 of the 4 were not in fear of their lives? Even Hussein should've realised after the first few whacks with a bat that the guy was caught and subdued? They even had time to tell neighbours to mind their own business when they were urged to stop the beating.

I suppose though I'm defending the indefensible to some extent. Salem clearly deserved punishment, just not permanent brain damage at the hands of a vigilante mob.
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GhostRider
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PostPosted: 23:50 - 15 Dec 2009    Post subject: Reply with quote

Harold_Shand wrote:

... we can't do fuck all...


Well, we can, it's just that we have to keep things incognito. If you know the identity of your oppressor then all steps can be taken to exact revenge upon them, so long as it isn't a two way street.

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