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AIBU?

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Original poster

78 pensioner arrested for fatally stabbing burglar in his own home

999 replies

SShaming · 04/04/2018 12:20

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?

OP posts:
Thread gallery
6
Babyplaymat · 04/04/2018 13:18

Of course burglars have rights. They are still human beings.

Frequency · 04/04/2018 13:19

We cannot pretend someone attacked burglars who invaded his home!

Why not, if the evidence goes on to suggest that? You cannot honestly believe stabbing a man to death to save your laptop/pension/coin collection/whatever is proportionate or reasonable?

What if the deceased was a schoolboy? Is it still okay to stab them to death?

EmilyDickinson · 04/04/2018 13:19

The law allows reasonable force to be used in self defence. As below (from Government website):

You can use reasonable force to protect yourself or others if a crime is taking place inside your home.
This means you can:

protect yourself ‘in the heat of the moment’ - this includes using an object as a weapon
stop an intruder running off - eg tackle them to the ground
There’s no specific definition of ‘reasonable force’ - it depends on the circumstances. If you only did what you honestly thought was necessary at the time, this would provide strong evidence that you acted within the law. Read guidance from the Crown Prosecution Service.

You don’t have to wait to be attacked before defending yourself in your home.
However, you could be prosecuted if, for example, you:

carry on attacking the intruder even if you’re no longer in danger
pre-plan a trap for someone - rather than involve the police

Mydoghatesthebath · 04/04/2018 13:19

He won’t be charged as it would waste money. No jury would convict him. The police have to investigate obviously

Aeroflotgirl · 04/04/2018 13:19

They are scum, for breaking into this vulnerable mans house, 2 fit and healthy 30 something year old's against a frail pensioner. Yes he is, compared to them. I hope he is released soon, poor man.

Lockheart · 04/04/2018 13:19

If the men in his house were burglars and if he was cornered and threatened and if the stabbing was accidental or a last resort in fear of his life then he absolutely should be released without charge.

But we don’t know that any of the above are true. We are assuming the two other men broke in and threatened him. At the moment we don’t know that.

He has been arrested because the police will be following process in the event of a death, especially if he told them that he stabbed the deceased. This does not mean that he will be charged with anything but the police need to interview him properly to establish the facts.

CoolCarrie · 04/04/2018 13:20

The police have to investigate how someone ended up dead, but I have no doubt this will be classed as self defence, as was the case with the woman who killed her ndn who attacked her. We live in an unsafe country, and have friends who have been in a similar situation to this OAP, and have had to do the same to protect their families, same as I would have no hesitation in killing anyone who broke into our home and attacked my family or me.
People have a right to feel safe in their own homes.

SerenDippitty · 04/04/2018 13:21

Do we really want a situation where anyone can kill someone in their home and if they just say the victim was an intruder/burglar they will get away with it no questions asked? That's what some seem to be advocating on here.

stitchglitched · 04/04/2018 13:23

You don't have to wait to be attacked before defending yourself in your home

I'm glad this is stated in law as some posters appeared to be suggesting otherwise.

ikeepaforkinmypurse · 04/04/2018 13:23

again, you can investigate without arresting the man!

As soon as it's proven they were burglars, then there shouldn't be any need for anything else, of course the victim was in fear of his life and stabbing was the last resort. What else was the poor guy supposed to do? Offer them a cup of tea?

Bluelady · 04/04/2018 13:23

All we know about this man are is age and that he apparently stabbed a burglar who subsequently died of his injuries. Can we stop with the "frail pensioner", please? We don't know if he was frail - many 78 year olds are far from frail.

A man is dead and the police are required to investigate the circumstances of his death. Why the outrage?

CoolCarrie · 04/04/2018 13:24

And all the weeping hearts on here, bear in mind you have no real idea how you would behave if you honestly felt your family or your life were in danger. They should not have been there so this is the consequence of their actions, not the OAP

CoffeAndCream · 04/04/2018 13:25

Someone is dead, the police need to investigate. That is the process in law or do you think the police should just not bother?
Of course it is right that he has been arrested!
It's a horrible situation but the legal process must be followed. Noone knows the details.

tiggytape · 04/04/2018 13:25

This reply has been deleted

Message withdrawn at poster's request.

Nicknacky · 04/04/2018 13:26

ikeep You clearly don’t know what you are talking about. Arresting him gives him protection under the law and the police the authority to conduct investigation (I’m in Scotland so it is different here)

Evidence has to be secured and arresting him under suspicion of the offence allows that to be done correctly.

NellMangel · 04/04/2018 13:26

I feel sorry for the homeowner, but the police can't make the distinction over what's fair, they have to arrest, investigate and let the courts decide the outcome. Presumably common sense will prevail.

DGRossetti · 04/04/2018 13:27

If we learned nothing else from the killing of Jean Charles de Menezes, it should be that initial reports are not always accurate ....

Tessliketrees · 04/04/2018 13:27

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

Buster72 · 04/04/2018 13:27

Police have a duty to investigate and this may include an arrest. This arrest will mean:
Photos of the injuries he sustained
Clothingseized to look for DNA from the deceased
Searching his home to determine any link to deceased that may indicate pre meditation.
And a a host of stuff.
As someone has died we must determine how in as full a way as possible.

ikeepaforkinmypurse · 04/04/2018 13:30

bear in mind you have no real idea how you would behave if you honestly felt your family or your life were in danger

no, we don't, but I do hope I'd have enough courage to behave like this very brave man and defend my family and my home. I hope I never have to find out.

agedknees · 04/04/2018 13:30

The dead man was in a place he shouldn’t have been, stealing someone else’s property.

He chose to do this. The 78 year old man did not choose to be robbed.

I don’t have any sympathy for the burglar. At least homeowners in the area may be safer now.

Bimbaloo · 04/04/2018 13:31

A man is dead and the police are required to investigate the circumstances of his death. Why the outrage?

The tabloids are probably encouraging people to be outraged is my guess.

DGRossetti · 04/04/2018 13:32

I can see why the police cuts are so easy to get through. We clearly don't need them - just a forum of Mumsnetters.

DrEustaciaBenson · 04/04/2018 13:36

Also, once someone is arrested, police may only hold him for a specific, limited amount of time before either releasing him, charging him, or applying to a magistrate for permission to hold him longer (usually only in serious cases or particular circumstances). So yes, it does give protection to the arrested person.

Elendon · 04/04/2018 13:37

A 78 year old is not old. My ex will have 25 year old twins then. Does this make him old?

If he has stabbed the burglar then he should be arrested and the incident investigated.

Shooting a young man in the back twice as per Tony Martin, is not comparable in this case.