Burglary at remote Peak District farm, murder arrest

Burglary at remote Peak District farm, murder arrest

Author
Discussion

Debaser

6,088 posts

262 months

Thursday 2nd May
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No ideas for a name said:


I feel dumbing down has gone too far if that sign is now required at all incidents.
laugh

milkround

1,123 posts

80 months

Thursday 2nd May
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BrettMRC said:
If you are alone, and 4 people are attempting to break in then a firearm is probably the only hope you have of coming out on top.

The question will be where and how it was kept to allow the homeowner to access it in what was probably a fast moving situation.
Don’t take silly… all any home needs is a cuddly guard dog who was originally bred to take on bears as a livestock guardian. I personally would go for something a bit more timid if it’s your first dog though.


Stick Legs

4,997 posts

166 months

Thursday 2nd May
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Slightly OT but a former colleague of mine is a white farmer in Africa.

Apparently a pack of semi-feral Rhodesian Ridgebacks is very effective. He reckoned they were a one stop shop solution as a deterrent, alarm & ultimately stopping force for anyone daft / brave enough to try.

Maybe a bit extreme for the rural UK…


…Postman may struggle.



Hugo Stiglitz

37,219 posts

212 months

Thursday 2nd May
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If its agg burglary he may have self defence. In the case of Tony Martin he shot the victim in the back as he was fleeing. Which wasn't found as self defence.

Baroque attacks

4,436 posts

187 months

Thursday 2nd May
quotequote all
Debaser said:
No ideas for a name said:


I feel dumbing down has gone too far if that sign is now required at all incidents.
laugh
rofl

BrettMRC

4,147 posts

161 months

Thursday 2nd May
quotequote all
milkround said:
BrettMRC said:
If you are alone, and 4 people are attempting to break in then a firearm is probably the only hope you have of coming out on top.

The question will be where and how it was kept to allow the homeowner to access it in what was probably a fast moving situation.
Don’t take silly… all any home needs is a cuddly guard dog who was originally bred to take on bears as a livestock guardian. I personally would go for something a bit more timid if it’s your first dog though.

Shouldn't you be at Tesco, annoying the security team rather than fking up another thread with your bullst?

moanthebairns

17,965 posts

199 months

Thursday 2nd May
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I think I've got one of them, my first dog, my Mrs brought it with her when she moved in..... The fact my bikes might be protected is one thing, picking up seven stes in the morning hungover is another. Still it's a big dog, they don't live long.....

RizzoTheRat

25,220 posts

193 months

Thursday 2nd May
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Ian Geary said:
maybe they could train attack geese?
We had 2 breakins and the bloody geese ignored or slept through both of them, despite usually making a right racket if anyone came near them and one occasion causing my to crash my push bike by running right at me!

Eric Mc

122,110 posts

266 months

Thursday 2nd May
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Getragdogleg said:
How the hell is it murder if the bds were trespassing and trying to burgle ?
Tons of case law exists regarding situations like this. It all hinges on "reasonable force" and depends very much on the circumstances of the case. Shooting somebody dead just because they are on your property , on its own, is not considered "reasonable force" in English Law.

However, if the property owner can prove they were in clear danger to life and limb, then it might be seen as "reasonable force", for example, if the trespasser was charging at them with a large knife or was carrying a gun.



Camoradi

4,294 posts

257 months

Thursday 2nd May
quotequote all
Eric Mc said:
Tons of case law exists regarding situations like this. It all hinges on "reasonable force" and depends very much on the circumstances of the case. Shooting somebody dead just because they are on your property , on its own, is not considered "reasonable force" in English Law.

However, if the property owner can prove they were in clear danger to life and limb, then it might be seen as "reasonable force", for example, if the trespasser was charging at them with a large knife or was carrying a gun.
You don't need to prove that you were in clear danger, but to satisfy the police/cps that you believed you were.

"Anyone can use reasonable force to protect themselves or others, or to carry out an
arrest or to prevent crime. You are not expected to make fine judgments over the
level of force you use in the heat of the moment. So long as you only do what you
honestly and instinctively believe is necessary in the heat of the moment, that would
be the strongest evidence of you acting lawfully and in self-defence. This is still the
case if you use something to hand as a weapon.
As a general rule, the more extreme the circumstances and the fear felt, the more
force you can lawfully use in self-defence."

from https://www.cps.gov.uk/sites/default/files/documen...


Earthdweller

Original Poster:

13,632 posts

127 months

Thursday 2nd May
quotequote all
Camoradi said:
Eric Mc said:
Tons of case law exists regarding situations like this. It all hinges on "reasonable force" and depends very much on the circumstances of the case. Shooting somebody dead just because they are on your property , on its own, is not considered "reasonable force" in English Law.

However, if the property owner can prove they were in clear danger to life and limb, then it might be seen as "reasonable force", for example, if the trespasser was charging at them with a large knife or was carrying a gun.
You don't need to prove that you were in clear danger, but to satisfy the police/cps that you believed you were.

"Anyone can use reasonable force to protect themselves or others, or to carry out an
arrest or to prevent crime. You are not expected to make fine judgments over the
level of force you use in the heat of the moment. So long as you only do what you
honestly and instinctively believe is necessary in the heat of the moment, that would
be the strongest evidence of you acting lawfully and in self-defence. This is still the
case if you use something to hand as a weapon.
As a general rule, the more extreme the circumstances and the fear felt, the more
force you can lawfully use in self-defence."

from https://www.cps.gov.uk/sites/default/files/documen...
Interesting is the arrest for the offence of aggravated burglary which is committed when someone enters a property with a weapon of offence .. ie firearm, imitation firearm or any article made or adapted for causing injury/incapacitation or explosive device

The sentence is life imprisonment

If confronted by said burglars then the level of force to defend oneself reasonably would be at a higher level

Using lethal force to defend against the use of or threat of lethal force could well be quite reasonable

J4CKO

41,680 posts

201 months

Thursday 2nd May
quotequote all
Assuming all is how it seems, fk em, they break the sanctity of your home trying to take your stuff, its an occupational hazard. Its like a not funny version of an episode of "Brassic".

For every burglar that gets offed, which is very infrequent, there are thousands of people who are terrified, inconvenienced and out of pocket, plus all the knock ons, I know my wife would really struggle if we were burgled, hence why I am very conscious of home security.

My mother in law lives rurally, had someone down the drive the other day taking photos ffs. Not saying get like America where people seem to be looking for an opportunity to kill someone but people need to be protected and if you are committing a crime, that should be forfeited.

Wonder if there have any been some where they get killed whilst burgling somewhere and the bodies get disposed of ? Nobody knows where they are or why, all that land, pigs, bonfires, lime pits, make a good book that.


BrettMRC

4,147 posts

161 months

Thursday 2nd May
quotequote all
J4CKO said:
Wonder if there have any been some where they get killed whilst burgling somewhere and the bodies get disposed of ? Nobody knows where they are or why, all that land, pigs, bonfires, lime pits, make a good book that.
Slurry pit.

Cotty

39,642 posts

285 months

Thursday 2nd May
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ninepoint2 said:
If it was a "burglary that went wrong" then they deserve what they got, play stupid games win stupid prizes springs to mind,
Yep agreed thumbup

iphonedyou

9,263 posts

158 months

Thursday 2nd May
quotequote all
milkround said:
Don’t take silly… all any home needs is a cuddly guard dog who was originally bred to take on bears as a livestock guardian. I personally would go for something a bit more timid if it’s your first dog though.

The only adult actually scared of big dogs would appear to be you.

Fermit

13,059 posts

101 months

Thursday 2nd May
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Ian Geary said:
Also I think Tony Martin hid behind a door and ambushed them
Tony Martin shot Fred Barrass whilst he was running away. Accordingly, he couldn't claim self defence.

bad company

18,709 posts

267 months

Thursday 2nd May
quotequote all
ninepoint2 said:
If it was a "burglary that went wrong" then they deserve what they got, play stupid games win stupid prizes springs to mind, the law is flawed if this farmer is done for murder IMHO if his gun is legally held (unlike Tony Martin) should be given an award for saving tax payers a fortune to keep these scrotes in prison, again in IMHO
Edited by ninepoint2 on Wednesday 1st May 22:39
I agree but that’s never going to happen.

dudleybloke

19,900 posts

187 months

Thursday 2nd May
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Red sky at night, Shepherds delight.
Red sky in morning, Teach you not to burgle my remote farmhouse.

Scootersp

3,207 posts

189 months

Thursday 2nd May
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In the US not only would this likely be a routine 'no charges' to the owner, but also, in some states at least, the surviving burglars would be the ones up for Murder!!