If I killed a burglar outside my son's bedroom door?

[Hereward]

If I was woken at 3am to find someone has broken into my home and deliberately made their way upstairs to the sleeping quarters I would, in my groggy state, assume they had come to kill my children.

If a fight ensued and I somehow managed to beat the burglar to death with the Dunlop baseball bat kept next to my bed would I go to prison?

[FiveStar]

Im not an expert but if you hit him while hes standing up going for you its pure self defence.

However if you manage to knock him out on the floor and then start to beat him you would be guilty and sent off to HMP. However i think temporary insanity could be claimed for this(might require a couple of months in the loony bin!)

[Roop]

FiveStar said:

...if you manage to knock him out on the floor and then start to beat him you would be guilty and sent off to HMP....

If you get a really good swing and hit them hard enough the first time, there's no way you're going to need to hit them again...

[Raify]

A baseball bat against an unarmed burglar? A bit OTT. Why not just VBRJ him to death? That would really learn him.

[DougBaker]

You would probably discover that your son had sneaked out earlier to see his mates and regret your actions just a little bit.

Alternatively move to America where the right to shoot your relatives/friends by accident is part of the constitution.

[Mattt]

I assume you have already done the deed, and are asking for advice?

Have you got a patio?

[Jasandjules]

Hereward said:

If I was woken at 3am to find someone has broken into my home and deliberately made their way upstairs to the sleeping quarters I would, in my groggy state, assume they had come to kill my children.

If a fight ensued and I somehow managed to beat the burglar to death with the Dunlop baseball bat kept next to my bed would I go to prison?

It will depend on the circumstances.. If the Burglar happened to be carrying a similar baseball bat (is there room for two by your bed?) then your use of a baseball bat is likely to be deemed reasonable - you may use like for like, i.e. if he had a knife and you popped to the kitchen and got a butchers knife, that would be reasonably fair. If he was unarmed in any way and you slotted him from behind with a baseball bat, you're in the poo... If he's been smacked and is on the floor unconcious and you proceed to decorate your carpet with brain matter, once more, too much force and unlikely to be reasonable..

[Raify]

Jasandjules said:

If he was unarmed in any way and you slotted him from behind ... you're in the poo...

Snigger

[Aubrey]

Mattt said:

I assume you have already done the deed, and are asking for advice?

Have you got a patio?

Haha hate to get on your bad side

[splitter / judas]

Raify said:

Jasandjules said:

If he was unarmed in any way and you slotted him from behind ... you're in the poo...

Snigger

Snigger



Seriously though, unless you can give evidence as to your immediate fear for your mortal welfare then the use of this much force could go against you. Whilst you do have the right to protect yourself it must be reasonable and proportionate use of force. Ultimately it would be for a jury to decide.

[Paulle]

Replace the baseball bat with a Magilte

[Sheriff JWPepper]

Hereward said:

If I was woken at 3am to find someone has broken into my home and deliberately made their way upstairs to the sleeping quarters I would, in my groggy state, assume they had come to kill my children.

You would need to be able to justify this. Why would a burglar want to kill your children?

Hereward said:

If a fight ensued and I somehow managed to beat the burglar to death with the Dunlop baseball bat kept next to my bed would I go to prison?

Why did you have a baseball bat in your bedroom? Why did you feel it necessary to use the bat? How big was the burglar? Was he armed, did you think he was armed? Etc.

You would struggle to justify beating him to death unless you killed him with the first blow or they were to die later.

[biglepton]

First of all, don't use a baseball bat. We don't play baseball in the UK and the police know people only buy them to hit people with. Get a cricket bat. Secondly, if he retreats you can't kill him. To get away with killing him he really needs to have a nasty weapon on him, ie a big ugly hunting knife or preferably a gun. Make sure you keep an untraceable gun or knife in your bedroom to plant on him after you've re-arranged his brain with the cricket bat. Alternatively, shoot him with the gun you intend to plant on him and tell the police it was his gun all along and he got shot accidentally whilst you both struggled for the gun.

Personally I keep a couple of shotguns and a .303 SMLE to welcome burglars with, but I have no neighbours where I live and if I shoot one, rather than go through the long-winded legal process I have a simple plan to dispose of the body and pretend it never happened.

HTH

[superlightr]

bugger that for a game of soldiers. If anyone breakes into my home and comes upstairs they will be saying hello to Mr F*ing grumpy and his 12g.


3 options;

1)
I would sooner be here and my family here to worry about the consequeces then not be here or attend a funeral of my children or to try and explain that as I didnt know what weapon the intruder had and I had to judge the protection of my family in light (or the dark) of incomplete knowledge and just took the standard (bludgen a single unarmed intruder TM) maglight but there were unfortunalty were two of them with big knives and my mag light was out gunned - thats why you and sister got raped.

2) Or Gee dad, its a shame those two intruders with big f off knives did not run away when they saw you with Mr 12g, but at least we are safe. Thanks dad. Hope the Judge doesnt send you down for too long.

3) Gee dad it is a good job those 2 intruders did run off when they saw you with Mr 12g less cleaning for Mum.

Know which ones i would sooner go for.

Edited by superlightr on Tuesday 12th February 16:59

[superlightr]

biglepton said:

I have a simple plan to dispose of the body and pretend it never happened.

HTH

where and how if you would care to share your tips..... (no I dont have hungry pigs)

[hugoagogo]

Hereward said:

If I was woken at 3am to find someone has broken into my home and deliberately made their way upstairs to the sleeping quarters I would, in my groggy state, assume they had come to kill my children.

If a fight ensued and I somehow managed to beat the burglar to death with the Dunlop baseball bat kept next to my bed would I go to prison?

you're obviously very groggy

that was his baseball bat, he brought it with him to attack you, you've never seen it before in your life
you managed to wrestle it off him, then swung it at him as he charged at you

[biglepton]

superlightr said:

where and how if you would care to share your tips..... (no I dont have hungry pigs)

I live on an island and have a very seaworthy boat with a range of 200nm, a tarpaulin, lots of polymer ropes and some lumps of pig-iron. . . . .

[Mattt]

Probably the best idea would be to go for your keyboard, and beat him with that - it's the PH way (and afterwards stamp on his head).

[superlightr]

biglepton said:

superlightr said:

where and how if you would care to share your tips..... (no I dont have hungry pigs)

I live on an island and have a very seaworthy boat with a range of 200nm, a tarpaulin, lots of polymer ropes and some lumps of pig-iron. . . . .

could you do collections or is is drop off only?

[streaky]

Sheriff JWPepper said:

Hereward said:

If I was woken at 3am to find someone has broken into my home and deliberately made their way upstairs to the sleeping quarters I would, in my groggy state, assume they had come to kill my children.

You would need to be able to justify this. Why would a burglar want to kill your children?

Naturally, you'd engage the trespasser in a meaningful dialogue to discover their precise intentions and allow them to leave unharmed if they had only come to burgle! - Streaky