78 pensioner arrested for fatally stabbing burglar in his own home

[SShaming]

2 burglars break into a 78 year old man’s home armed with screwdriver.

Forces owner into the kitchen whilst one of them goes upstairs.

A fight ensues, leaving pensioner with injuries to his arm and burglary is fatally stabbed. Perhaps with his own screwdriver although this is TBC.

Police arrest pensioner.

On what planet is this right?

Wouldn't be surprised.

Just had an opportunity to read about the family. I really have no sympathy. Utter scum

@tabbymack I’m not claiming any expertise, I am but a lowly student. As I previously mentioned, it was a brief outline of a complex case.

The reason I drew parallels between this and the Nally case was because of the age of the person and the criminal background of the deceased. That, as it would affect the subjective view of what could be deemed to be ‘reasonable force’.

You said that my comments would not stand up to scrutiny. I was referring to an individual responding with excessive force which would be considered an offence, even if in defence of themself or their home.

This would be left to a jury to decide if excessive force had been used at trial.

You will see, if you’ve read enough that the use of force is not necessary unless forced by the actions of another and the easiest way to establish that defence is to retreat. This is based on common law (Blackstone, mcinnes, bird).

Finally, if you wish to scrutinise further. Check S.2(5) of the defence against the dwellings act 2011. It literally tells you that ‘you’re wrong’.

Plus- you can’t codify a law in Ireland. Or the UK. They work on common law systems.

As a judge, I’d think you’d know that.

And Mr Osborn-Brooks and his wife have been driven out of their home now in fear of reprisals. His house has been boarded up and metal shutters installed over the windows.

I doubt their lives will ever be the same again.

Don’t know how to edit a post on this, but I meant to state would have been left to a jury prior to the 2011 Act.

Burglar was from a large Travellers family who say "things have been twisted". So sorry for this elderly couple. Stress trauma disruption at their age. & his wife has Alzheimer's. Just a sad story all round

Plus- you can’t codify a law in Ireland. Or the UK. They work on common law systems.
Of course you can, through statute.

Such a traumatic experience for him all round. I hope he is able to feel safe from reprisals from the family.

ladymariner. 👍🏼

With all the further info about burglars family and concerns about reprisals coming out, I wonder if in police custody was actually a safe place for him to be.

@hedwig86 I’ll agree to disagree with you here... I’ve always been led to believe that codification was for civil law systems as opposed to common law where it would be put onto a statutory footing. At this point it’s semantics because I’ve been up since 3am and not sure I know my arse from my elbow at this point

With all the further info about burglars family and concerns about reprisals coming out, I wonder if in police custody was actually a safe place for him to be.

I did wonder that, but it would have to be a pretty fucked up country where the victim is incarcerate because the police have no authority with a sector of the community.

You never know though

chooseausername1
Common law has often been codified (most of the criminal law of England and Wales, for example). Codification is the core feature of civil law jurisdictions, but it occurs in common law jurisdictions too. Some even use the word ‘Code’ to describe certain Acts, for example the Criminal Code in Canada. I do acknowledge that we seem to be arguimg semantics though.

Ffs! The Guardian newspaper has written a typical "poor burglar" editorial, with the comments closed. how fucking dare they?

(On my phone so can't link)

Not “poor burglar”. Pro justice.

It's on their twitter feed and the comments underneath are pretty scathing. Not sure what the piece is trying to say really, the killing has been ruled self defence so whatever point they are trying to make about justice and how the burglar wouldn't have been sentenced to death isn't really relevant here- Mr Osborn-Brooks wasn't a vigilante.

I am all for pro justice and allowing the police to investigate to see if there is a case. I explained this to my mother who was of the opinion the home owner shouldn’t have been arrested. But the guardian article is saying he didn’t deserve to die which is often a phrase used for innocent vctims and I can see why people will be offended.

The guardian HAS NOT written a PRO Burglar article unless you’ve read something I haven’t.

Here’s the editorial below.

And the rest:

Yes saying he didn't deserve to die is odd- it wasn't a case of what was deserved but what was necessary in that moment for the homeowner to protect himself and his wife. If he had gone out to hunt down and kill a burglar then the article would have a point, but if there is a contrary to popular opinion stance to take, however nonsensical, the Guardian will find it.

The comment about the "scorn and abuse" the burglar's family are receiving suggests sympathy. I'm sorry, but the burglar's family knew what he was up to, so I have little sympathy.

Really?

We should abuse people who happen to be related to criminals???

Wtf? I have half a dozen scum bags in my family

Mr Osborn-Brooks wasn't a vigilante, he was a normal man who went to bed in his own home with no ill intentions, no thoughts of killing someone - he woke up and was thrown into this situation by 2 armed men that had broken into his home. I’m pretty sure he would rather none of this had happened but those men put themselves & him into this situation, he didn’t go looking for it