Can you be Prosecuted for defending your home?
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- Опубліковано 7 лют 2025
- Can you defend your home from a burglar? Can you be prosecuted for defending your home? Can you kill someone in self defence?
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In that situation, you have no time or space to worry about self defense. You defend your home and your family to the best of your ability. You have no idea what the intent of the burglar is. You end the threat as fast as possible.
I would much rather face risk of punishment than forever regret something that happened because I didn't act.
And if you are a gun owner then it is reasonable to assume that an intruder has already staked out your home and has come for the guns. That means they're ready for a fight and will likely kill you or your family to obtain the guns
If somebody does not leave my home when an axe is sitting in my hand then they deserve all they have coming.
I'll defend myself from physical or mental threats .
@@mercedesblack7828 Mental threats? If the meter-reader upsets you, assault is on the cards?
@@ramblingimbecile2295 I assume you are referring to after the government has confiscated guns from the law abiding people and they are sitting in their homes, defenseless.
You have to defend your property and family at all costs because the justice system in this country has failed. I was always told if you kill them grab a knife and put it in the burglars hands and say he came at you and you took them down
I think it's ridiculous that we can't defend our homes from someone clearly breaking the law. I'm an older woman living alone, they enter my home, I will defend myself by whatever means I can.
You can.
Unless they are running away, then that is not self-defense.
You would be chasing them and under no threat, so how could it be self-defense
Remember the case of the 78-year-old pensioner who stabbed a career criminal (a traveller) when he broke into his home? The scum died, but the OAP was arrested on suspicion of murder before being told that no action would be taken following discussions between the Met Police and Crown Prosecution Service. However, he had to leave his home of 20 years and the area, as the nauseating traveller community wanted revenge. 😡
yup i remember it.
They have to arrest to investigate. But it was terrible the way the police supported the travellers and let them terrorise the estates as revenge.
The police do have to arrest you on principle. If they don't then the criminal's family are entitled to sue. It's more of a formality to ensure they've followed correct procedures.
@Paul B Then the law needs changing.
If I recall correctly, he lived with his elderly wife, who had health issues. Whilst he was arrested, she would have been left alone in that house after witnessing everything that had happened.
I also recall that this was one of the cases the media showed a keen interest in. I suspect that was the main reason he was released reasonably quickly, at least by UK standards.
As is usual in the UK, the process is the punishment.
I remember the repugnant behaviour of the pigs and the pikies. Poor old gentleman and his family. I bet his daughter and her family also had to move and change jobs.
If someone enters someone's home for nefarious reasons there will only be one outcome.
If a burglar were to enter my property I will 'do the necessary'.
Should the legal system decide I was in the wrong then fine.
I would 'do the time'.
Happy in the knowledge that I had dealt with the Error State.
I'd not find you guilty mate. Pro tip, if you're on trial for that and you see the jury then make sure you tell the judge you "know" all the women so that they load the jury with blokes and increase your chances of a positive outcome.
The question then becomes, "Is the state actually my enemy?"
Exercising self-defence against the government is generally a one-way ticket to prison or the morgue.
Noel Ward. Can you imagine going to prison on that rap? You'd be the joke of the cell block. 😳
@@sherryford667 imagine caring what pondlife equivalent to what you’ve just terminated, thinks… 😂
This is one of the reasons I favour US law over UK law, in the US if someone broke into your home you could delete them because they are trespassing and endangering you.
When we in the UK 'delete' unwelcome visitors they stay deleted - no chance to un-delete. 😂 🙄
@Eliza Coleman Not exactly the same. Some US States have a 'duty to retreat' where possible. AFAIK, the UK does not have this. Wether someone could have retreated can be taken into consideration, but that is all, there is no legal requirement to do.
@Dougal Douglas Yikes. Why are you living in a vile country ?
The burglar is dead, there is only one eye witness account, come on get a grip.
@@cypeman8037 So, you have to lie to perhaps save your own life? Just don't talk to police before retaining an attorney.
Better to be judged by 12 than carried by 6
There was a case years ago where a burglar fell though a conservatory roof and landed on a pair of garden shears which were on the table he landed on, he sued the owner of the house and won his case (Not justice) in my eyes
I'll go as far as I like when it comes to defending myself and my property and nobody is going to tell me otherwise. The laws and justice system in this country are a farce.
It's the whole "was the response proportionate" aspect that really irks me. If someone is in your house uninvited in the middle of the night, you have _absolutely no idea_ what their intentions are or how dangerous they may be. They could be some scrote just chancing their luck, who will run away like a scalded cat if you say "Boo!". But they could also be a more hardened criminal, capable of extreme violence.
In that moment, you don't necessarily know how bad things are going to get; you cannot risk letting them strike first and then gauging your response, as hesitation may be fatal to you... so you are likely to hit them with everything you've got, and if that turns out to be "excessive" in the cold light of day, so be it - they put themselves in that position carrying out illegal activity. Even if they're "running to the getaway car", how are you to know that they are not going to grab a weapon - knife, gun, baseball bat, crowbar? Why would you risk further danger with "wait and see"?
I don't think it's right or fair for anyone who wasn't there in the heat of the moment to judge what can or can't be considered "reasonable force".
Rules of proportionality are for sports like boxing, this isn't a game this is preventing your own murder or a fate worse than death.
Fundamentally they treat the public being preyed on by sickos as "just two people fighting" and they're morally both in the wrong, as if it's an impromptu boxing match when some creepy me maniac slinks into your bedroom at night they're entitled to 50-50 odds.
No, they're entitled to the absolute certainty of utter failure.
If you are a gun owner it is reasonable to assume that criminals have staked you out and know guns are there. That means they're probably coming for those guns and are willing to cause harm to you or your family in order to get those guns
@@ramblingimbecile2295 Only a gun crazy fanatic would believe that someone would come to your home, just to steal your guns.
Now, if you have some rare antique firearms, that might be different. Someone might be interested in stealing those, even then, it's most likely a crime of opportunity, rather than a crime of planning.
You won’t get prosecuted if you don’t report it and the body can’t be found.
I think that’s reasonable. 😳
And that's my case for the Defence Mi'Lord.....👍👍
But the dole office or their drug dealer might wonder where they are...
Test response:
What is the likelihood offenders fit none of the descriptions above?
If someone is breaking into your home, their intent is a threat, you have a right to defend yourself.
You’ve discussed this subject before. Kill or be killed is a valid defence.
I'd always find a home owner not guilty of dispatching an intruder. Even if they'd toss a tyre over them and set it alight. It's your civic duty
Whilst this all sounds great, half a dozen cases cited where the intruder ended up dead and the householder was not prosecuted would convice more of the public. I think my view is likely to be common: if the householder is dead and the intruder escapes, the force used by the householder was reasonable; if the intruder is dead and the householder survives, then the force used was grossly disproportionate. Cynical I know.
When talking about cases like this, people forget that any involvement with the police is a punishment in its own right.
Being arrested is no joke, especially if the media is involved (they always seem to be). You will be imprisoned, albeit for only a short while, before they decide to release you. You don't get any compensation for wrongful arrest in the UK.
If you decide to speak to a solicitor for advice, you have to pay for that out of your own pocket. You don't get that money back, even though you are the victim.
We aren't allowed to "smash the like button" in the UK. Just in case the police view it as excessive force.
It is so typical of UK law that they afford considerable rights to the person who is breaking the law, and stack it all against the victim. Pathetic bloody county.
If a person is breaking the law within a society they should be considered as having given up ALL of their rights within that society, and if they are injured or worse while they are breaking the law, this should be put down to being entirely their own fault.
Thank god I moved to the USA. Different states do have different laws though, fortunately more and more states are becoming castle doctrine states. But it is always better to be judged by 12 than carried by 6. Note, Burglary and Home Invasion are two different things: Burglary: A break into an unoccupied premises. Home Invasion: When someone breaks into an occupied premises. In most states it is assumed a home invader is there to do harm to the occupiers (why else would someone break into an occupied house) so you can use deadly force as soon as their foot crosses the threshold with no questions asked.
Having 30 geese,two large dogs and several untethered and unnecessarily hostile goats(and yes,we do have numerous signs warning people,some have stupidly chosen to ignore them too😊)I never fear the prospect of having to deal with burglars,but if I did the last thing I would be concerned with are legal repercussions from any action I might need to take while defending my family,we may be punished but it's still our human right to protect ourselves,it's instinctive.
Thank you for your time and knowledge BBB.
The Burglar has more rights than an homeowner. They can even park their car on your drive with impunity. Reasonable and proportionate are totally irrelevant when when you are being burgled , does the burglar use reasonable force when he robs you?
When sat in their Westminster seats..?
I have no idea why the burglar headbutted my baseball bat several times, he must have been suicidal.
The strange thing is M'lord, the burglar seem to enjoy jumping out of the 2nd floor window, several times. Very odd.
@@timtechdude4339 It's not impossible to survive. We have evidence from watching Halloween movies...
He attacked my foot with his groin multiple times 😂
If my home is getting burgled, why shouldn't I be able to delete them? They could be carrying weapons that endangers my life, and anyone I care about, be it friends or family with me.
They would be carrying a weapon if i caught them in my house.
I think the "reasonable force" test is nonsense. Reasonable by who's standards? Some coward who would hide under their bed and let it happen? Delivering maximum violence to intruders to defend your home and family is considered reasonable by any decent law abiding man you find on the street. Why not the law? The idea that you have to engage in what is essentially a "fair fight" with people who have already thrown fairness out the window is absurd. I despise this countries legal system.
The case that springs to mind is the Farmer called 'Tony Martin' I believe who shot two burglars trying to break in. We need some predefined laws like they have in the US. You defend your home/property for your own safety, second also if their are kids or anyone else in the house reasonable force should/can be used.
He shot them while leaving big difference
@@jons9721 Well that's not exactly true, Martin fired 3 shots one down the stairwell and two more when they were trying to flee through a window in the dark.
He made the mistake of calling the police instead of burying them.
@@alangknowles He wouldn't have got away with since their was a 3rd individual as a driver.
The farmer in question killed a gypsy not a person. The more you know
Once they break in it is a home invasion, not a burglary. Any family inside is in imminent danger. I love the courts have "rules" for the householder when the bar-steward breaking in obviously is not abiding by any rules. As I see it, by breaking in they forfeit all their rights. Eliminate them in any way you can. Deal with the law AFTER you have protected yourself and your family.
As always, a very succinct and lucid description of how we would expect the law to be applied. The sad fact though is that we cannot depend on it being applied. If the mentioned example of the elderly farmer is considered then the law was plainly interpreted unjustly bearing in mind that his house had been burgled on (I believe) six previous occasions, I also believe he'd suffered previous physical assaults. He, being elderly, was at serious risk of further physical attack and not unreasonably pointed a loaded shotgun at the two criminals. They clearly had two options at that point, one being to retreat and leave the premises, the other to continue moving toward the farmer with the shotgun. He now was faced with either not pulling a trigger and risking a serious, possibly life-changing assault or pulling the trigger, most of us would reluctantly have opted for pulling the trigger and would expect not to be prosecuted. what further options might he have applied?
The other day I was in the study on the 2nd floor, and I heard something dropped in the kitchen downstairs. So I grabbed a claw hammer (the study is still under construction so I have many "weapons" here) and went downstairs. Luckily it was only my cat stealing bread 🤣 I now decided to always keep the claw hammer near me just in case; I am a petite, skinny woman and this hammer makes me feel safe 🤣Hopefully I never need to use it on a person.
Is the cat ok?
You need to practice with the hammer, invite someone you don’t like around for a drink.
@@mikehipperson she's okay 🤣 just angry because she couldn't have any bread.
Consider a 6-D cell Maglite, as it's less likely to be viewed as a weapon. (A copper who ran a self defence course for women told my sister-in-law that. He was a good bloke who charged vulnerable women a nominal fiver for the course.)
Make sure to train your spouse not to arrive home late unannounced! 🤣🤣🤣
If someone comes into my house uninvited and doesn’t leave the first time I tell them to I’ll consider them to be a threat to my and my households safety I will attack with whatever comes to hand…..what I use will depend on what room I’m in….I’ll probably get prosecuted but in mitigation I’m an older female with a disabled husband, no previous convictions..I think I’ll be treated leniently…
I wouldn't be shouting a warning.
Might be a good idea not to use the word attack in you witness statement.
@@davecooper3238 in a statement, in place of the word attack, i would use the words asked again to leave...
Thinking about this from another side.
If thieves know they carry be legitimately killed during a robbery would that make them more likely to use lethal violence themselves, or perform the robbery prepared to use a higher level of violence than they would have?
Excellent point. The US may have more liberal laws on this but has a much higher death toll.
Strange that I just watched a video from Andrew Branca (Law of Self Defence on youtube) looking at the law surrounding the defence of ones home (in California in this instance). I then scroll a bit, then see this!
It's always interesting comparing how different countries (and States) approach this legal matter.
Andrew Branca is one of the best educators on the Law of Self Defence in the U.S.
Please make a video addressing the Julian Assange case
Agreed
That's gonna be a complex one. But yes that would be very useful ✅
What case?, he broke bail conditions end of story.. The reasons he was on bail in the first place are totally irrelevant. There is simply nothing legal to discuss
@Jon S He was sentenced to 50weeks in May 2019. Do the math. He's in a catagory A prison with murderers for the crime of investgative journalism.
@@jons9721 The fact you said that makes me question your thinking. He's been held illegally in prison, on political charges for simply doing journalism.
Gotta find the body first
A video on self defense in a public place would be good as well.
A good example is what happened to me in the early 1980's, when we got payed with cash in an envelope every week.
Long story short the bloke had a Stanley knife at my throat demanding my pay packet.
I should say there where two of them.
When I told the police while giving my statement that I tried to grab the spade to hit the bloke with the knife the police told me that would be reasonable.
There was a strange twist to this though to add context I'm a street cleaner have been for 45 years.
Anyway the strange twist was the bloke with the knife had actually worked with me as a temp for six months.
The police didn't believe me at first as they didn't believe anyone would be stupid enough to Rob someone they knew.
Anyway when they questioned him he admitted it and pled guilty.
The outcome was he got 18 months.
But as I say the relevant part was the police saying hitting the bloke with the knife with a spade would have been reasonable force
The police have to find the body first .
What is the law on crossbows please.
The house holder should almost never be prosecuted for using lethal force.
Hi B3,
I’m an American from Texas. I love watching your channel to see how U.S. and English laws differ. As you know, some laws differ by state. I’m curious what your opinion is on Texas’ “Castle Doctrine.”
Texas and Arkansas have the "Castle Doctrine", "Stand your Ground," and "Constitution Carry", and some states like Texas and Arkansas (and other mostly-southern U.S. states) have reciprocity.
One less scumbag breathing my air and costing me my tax money to keep him alive in prison.
Im a Brit that lived in AZ for a while.
The US law on this is simple and superior than the muddy UK law, based on intention and reasonable force..
In the moment of a home invasion, what is reasonable force exactly?
Here in most US states, if someone enters your home then you have the ability to make them take the room temperature challenge.
The issue for an intruder is that I value my property more than I value their life.
In my eyes.
An Englishmans home is his castle. I shall defend my castle.
If you are a scumbag committing an heinous crime. (breaking in). You are breaking the law so you shouldnt be protected by it.
Then we have the bleeding hearts brigade:
He was a lovely family man with 5 kids, wouldnt say boo to a goose and he just got in with the wrong crowd. He wasnt going to actually take anything after he broke in, he was just inquisitive. The rap sheet as long as his arm is just proof he was easily lead.
Me:
And he'd still be alive today if he didnt break in, in the first place and chose his friends better.
👍👍
Great channel! Thank for the quality and variety of the content. Question: So, if the CPS decide not to prosecute as a conviction is unlikely, is that a final decision and that's the end of it? Or, if further evidence were to become known in the future, say someone was bragging about having gotten away with murder (of the burglar), could that person then be prosecuted? I would assume so...?
I can't remember the particulars of the case, but I think there was an instance where a farmer was heavily prosected for fatally shooting a home invader who was raping his wife and daughter. Putting aside the fact that expecting a man to suppress perfectly justified rage when faced with such a traumatic situation is moronic, what particularly disgusted me about this case is that the rapist - had he survived - would probably have got a lighter sentence, even though rape can traumatize some people for the rest of their lives. This isn't an isolated example, and I've genuinely lost respect for our justice systems and laws over the years -- it seems more often than not that sadistic tormentors are given lenient sentences and victims are expected to simply 'get on with it' in the name of broken or downright irrational laws. Victim-blaming in rape cases also makes me extremely angry -- it's just another way justice systems can sometimes humiliate victims and their families even more.
Off topic but can we please talk about the news surrounding the rts signal shutdown for traditional energy meters and what that means for those who are still on them
Great video thank you.
It would be interesting to hear how this would apply if someone was trying to carjack you and say you had a child/relative in the back/front seat. Would the same level of force be acceptable?
A friend told me that if the incident occurred on the upstairs of the property and say people were sleeping etc. The weighting of force is increased as acceptable due to the potential harm to other home members in the property.
what happened to the Alex Belfield update that was meant to happen on Friday ?
Okay i was litrally thinking about this yesterday. Havent seen the video so would guess depends on the threat and response levels. Any defence would need to be deemed reasonable force.
Lets see if im correct or not.
Release the hounds!!!! 🐾🐾🐾🐾🐾I actually spoke to a female police officer if my dogs could be put down or I could b prosecuted if my dogs attacked & mauled an intruder? The response was ‘no. You have done the right thing by putting signs up stating that they are there and someone should enter at their own risk’ so once again… release the hounds!!!! 🐾🐾🐾 that was West Mercia police…!
I do keep a lengthy wooden baseball bat behind my bed, my husband thinks its a bad idea. We had someone break in before, sent my dog roaring down the stairs with his hair poofed up :) then he gets to the living room and starts wagging his tail, I thought he was a very friendly dog and only growled when I asked him to. I was always worried that he would greet a burglar, and it looked like he had. Then I a slurred but familiar voice spoke "alrigh max boyo, shhh shhh" my husbands mate was drunk and had missed the bus :) it looks like we were the closest friends to town :)
Yea it is a bad idea. You'd be better having an "ornamental" sword on the wall. It actually has more business being in the bedroom than the bat and does a much better job of dispatching unwanted visitors
Mate or not.
He still broke in.
If we had a police force that wasnt busy looking for misgendering and hurt feelings.
Id say ring the police.
Most rape and murder victims know their attacker too
Yes just tell the judge You dont know or i cant remember and it will be ok !!!!!
Can you clarify “local authority” please?
For example where does a local authority that is a registered company glean its authority from over the flesh and blood of natural law?
Then so be it. Not going to sit there and let it happen
So what does "the law" say about an intruder's rights? Is he "allowed" to use "reasonable force" to defend himself against an attack from the householder?
Serious question!!!
The householder has no idea how strong an intruder is, nor what "weapons" they came prepared with. The force required to incapacitate an intruder can never be known until after the event. If someone breaks into my property, my belief would be that they are far stronger than me and that the threat they posed was life-threatening, and that belief would determine my response. If the intruder brought a knife to the fight, why would I only give myself a 50/50 chance of surviving, by also bringing a knife to meet the treat "proportionally", when to neutralise the threat I would need firepower?
I guess, like a lot of other bewildered UK posters here, we will find out for ourselves one day, in court. Sigh.
You always have the option of not phoning the incident in
@@Interdiction And dying compliantly while they're on their way ?
If I put an intruder on the highest P.I.P through defending myself and home, is that not in the public interest? The intruder will no longer need to or be able to commit such crimes.
People have been arrested or sued for bruising home invaders lol
Yea always make sure you get the job done straight away, that way they have no counter arguments
What if you hit someone once and kill them?
I remember a debate about this, around the time of the Tony Martin case, and a Policeman said if you've killed an intruder in your home, try to move the body to the bedroom if possible, because that goes a long way towards showing you were acting in self-defence. I do have a high regard for British justice, but I think in general it is too lenient on the criminals a lot of the time.
There's no way you're moving a corpse upstairs without making it look like you deliberately moved the corpse upstairs. Better to just put a knife in their hands if they haven't already got one and say they charged you
So when it comes to the Tony Martin case, the two burglars broke into his house, they were committing a crime. He pointed a loaded shotgun at them, this is also technically a crime but as he was defending his property there is a good case for arguing self defence. The two burglars then ran away, and Tony Martin pursued them and shot them in the back. That's when it stopped being self defence, because you don't need to defend yourself against someone who is running away from you.
I’ve read the comments and think what you like. As said, the amount of force has to be considered grossly disproportionate not just disproportionate. Meaning Someone breaks into your house and you see them and kick them out of the door that’s probably okay but if you get your sawn off shotgun and shoot them in the back that is probably grossly disproportionate.
Why is that "grossly disproportionate"? So you have to give them a chance to hurl a paperweight at you or something giving a chance for you to miss and then take your weapon from you?
This is not a game!
This is not a gentleman's sport!
Hitting a moving target in the dark is hard, this may be your one and only chance and you don't want to know the sort of things that are done to people by home intruders. It's the sort of vile depravity that will keep you up at night just from reading about it.
I'd say you could shout at them "don't move or I'll shoot" then shoot them if they move. But I'd totally understand if someone thought they just didn't have it in them to hold someone at gunpoint for the eternity it may take for help to arrive.
The sawn off is already illegal. Now if you do own a shotgun then it's reasonable to assume they've come to take the guns after casing your house and are prepared to take them by force
If my homewas to get broken into,my German shep would intervein,I have a baseball bat n yes I would use it in self defence!
Criminals are usually much better armed than that. I wouldn't want to tackle a guy with a machete with just a bat and a dog.
BBB What are your thoughts on "Car Vertical" and others?
So, if I put my reg into it they want to charge me £17 for a report on it.
Can't I just submit a subject access request for the data, including it's origin and then go and sue the DVLNI for giving out PII?
I believe a vehicle registration is considered "indirectly personal identifiable information".
In such, a person getting a full vehicle report on my reg, can then use that reg to identify me and thus correlate the car's history to my history, profile me etc.
This would not be as annoying if they didn't want to charge people (and me) for MY DATA! It's nice of them to spend all that money collecting it in one place for me, so I expect they will resist.
No, it's in our costitution!
You do what you have to do, to defend your home, and or family, if the burglar dies then so be it, you not should be punished for self defence, Don't invade homes if you don't want to die.
Its easy, you can take them out, but not take revenge.
You can be prosecuted in the UK just for looking at someone in the wrong tone of voice, let alone for defending yourself against a home invader.
How would the law see it that if someone breaks into your home and your dog bites them? I'm curious.
I'm in the same position my dog is absolutely lovely but I think would due to her breed bite an intruder
@@BadlydrawnBen looking at your profile pic, a Belgian Malinois? Yep it probably would as they're defensive natured.
@@markstelling8935 I'm impressed 👍 she is amazing very social all round but very very protective in the house so wouldn't risk breaking in
@@BadlydrawnBen yeah they often get labled as alsatian but are a completely different breed.
@@markstelling8935 oh trust me iv lost count of the time's iv had that conversation 🤣
Having use of force being assessed by "reasonable" people is not a good method.
Most "reasonable" people (fortunately) have little or no understanding of the potential threat nor how to deal with it in a "measured" manner.
For those saying that UK laws are weak, well yes they are, by design. But it wasn't always this way.
Our English Constitution has been corrupted beyond all reason. Parliaments authority to exist is Constitutionally limited to the redress of grievances and, maintain and strengthen the Laws. The People are not to be bound by Laws to which they do not consent (see previous sentence). Parliament represent the Peoples Will and consent, to make positive laws. Parliament should only create laws within the bounds of our Constitution. Personal security of the individual is an absolute Right. The Right to bear arms for your personal protection and the protection of your property is a Constitutional Right.
All of this is backed up by Statute and Common Law precedent. It is a good system that limit's governing power and protects the ancient Rights and Liberties of the People. Who wouldn't want that eh? Well we have it!
However over the years the ruling classes have turned our Constitution on it's head by legislating qualifiers and licensing etc, that remove our ancient Rights and freedoms. Oh and by insisting that they are "sovereign" and can enact any law they like, which is easy to debunk.
This we intend to reverse.
"Whereas the Laws of England are the birthright of the People thereof, ..." Act of Settlement (1700)
I have to say I understand the law as explained, but to he honest there should be the threat that, if you break in to someone's home, the rights of the person breaking in should be suspended and that any harm that comes to them should be understood that it is deserved
5:30 I would do the course if I wasn't so ill, pushing a wheelbarrow is hard enough at the moment let alone defend myself 🤣
US law is superior in this regard. Even an attempt to break into someone's home can be met with deadly force. In my personal opinion should be met with deadly force. UK law defending criminals yet again. If you attempt or gain entry to someone's property in my view that criminal has forfeited any and all rights to their existence.
You didn’t cover “The heat of the moment” very important.
Could a 90,000 Lumens torch be classed as an offensive weapon in the U.K. if used to dazzle and disorient an intruder?
The problem is the entire point of defending yourself is to have a disproportionate outcome, you want to win! Not a tit for tat. Yet disproportionate outcome is clearly taken as indicator of disproportionate force. Any prosecutor will argue that death alone is proof the force used must be not only disproportionate but grossly disproportionate simply because the defendant is alive and the deceased is deceased.
And the prosecutor only has to convince 10 of the 12 jurors, the scenario of 12 Angry Men cannot happen in the UK, or or even two refusing to fall for the prosecutor's pandering and try to argue against guilt they can just get a majority verdict. That's what happened to Farmer Martin. And no one is satisfied having that verdict brought down to manslaughter, that adds insult to injury to say he must be nutty to try to defend his home.
Violent criminals will continue to be emboldened in the UK until and unless the law carves out explicit and non-subjective protection for innocent defenders to act to defend themselves. Objective standards of "Did X act for Y effect". There is no value judgement in a jury deliberating on a real murder case it's purely about determining facts, but in a self-defence case prosecuted as murder it's entirely subjective and prone to bias.
I don't think I know for sure what I'd do that situation until the situation presented itself, we all think we'd like to Rambo on the perpetrator but would we?
I felt at the time Tony Martin was convicted if he had said it was late at night he couldnt see clearly and he panicked he wouldnt have been convicted in the first place as the jury would have given him the benefit of any doubt
I keep a golf iron by my front door. I caught a man in my back garden looking into my kitchen through the patio doors. In the middle of the night. And four visits from car thieves, in balaclavas. In the middle of the night. All caught on cameras. I was on my own. I wouldn’t hesitate to defend myself. 👍👍👍👍👍👍👍👍👍👍👍👍👍👍👍👍👍👍👍
do you include Scotland with your advice or only English law ?
He only does English law. Often for his videos the law is the same. On this issue, in Scotland we don't have the "grossly disproportionate" thing, so we have to use reasonable force. Haven't heard of any cases where it's been an issue though.
The best thing to do is dispose of the intruder ,and keep your mouth shut and tell no-one about it
I wonder how many intruders have DISAPEARED
I wonder how many high ranking judges and lawyers have a 12 gauge in the house. I have been burgled whilst in the property. I don't feel any sympathy for a theif. I will not tolerate that situation again. I have not slept aftet 1am to 5am again since 2006. I will eliminate threat in my own property. An old mate of mine who was in the murder squad an age ago, he told me never never knife an intruder in the back, grab em and spin the twat around then do what is needed.
So the burglar can do whatever he wants and the householder is held to the law, So they won't take into account that they have killed someone in the household and you are fighting for your life and the burglar has killed someone and you chase them down the road and shoot/batter/ stab them, you get charged for grossly disproportionate attack. I would rather be judged by 12 than carried by 6
not that long ago??? it happened in 1999
The British ruling class don't want the little people to start getting any funny ideas about standing up for themselves.
If I killed a burglar in my home, the last thing I'm doing is calling the police. That body is getting hid.
But then your defence goes out of the window and you commit the offence of concealing a body
True, but if they're burgling your house alone, who knows they're there other than you?
I like to keep a well tuned (about 24ft/lb energy) paintball pistol (first strike compact) by my bed...you know, just in case I wake up in the middle of a paintball battle. ;)
Paintball markers seem to get a bit of a pass as far as air weapons go as they use frangible projectiles and therefore don't come under the same legislation as airguns/Airsoft.
What would be your view about the legality of using such a device for self defence?
Often wondered that myself, but have come to the conclusion that the projectiles would just feel like mosquito bites to an adrenalin fuelled junkie, ransacking the place to pay for his next fix. You'd just make him more angry unless you could stop him by managing to take an eye or two out. You see UA-cam jack-asses making videos shooting themselves with these "weapons" just to see how much it hurts!
I keep a BCM 9’ 300blk with a suppressor just in case.
I've got an axe.
"I'm a lumberjack and I'm okay..."
I have lived as a single mother with my children and I know how terrifying it is to live alone with the responsibility of looking after a youngster(s) and baby. I would lie there sometimes at night planning our escape routes should the worst happen. I'd spend hours awake just wishing daylight would break through the curtains.
In the end I just thought "f*ck it" And kept weapons in mind. Then I got a dog and that made things more relaxed.
I have always been able to look after myself but I've never felt so vulnerable as I did when coping alone.
It has taught me two main lessons:
I will never rely on *anyone* to protect me or my children.
Two: I got through those tough times and proved I don't need anyone.
Delightfully devilish, Slugfoot. Having been shot square in the temple at point blank (or paint blank) range - I can testify that it really hurts like hell.
@@Chavhunterofcalne Don't break into people's houses then!
Another bunch of riddles. If someone broke into my home I would do my utmost to protect it and myself.
If you kill a burglar,do not report it.Say nothing and bury them u der the doorstep.
I really don't care about being arrested or prosecuted. Cross that bridge later?! They have no right to break into my property. They are there for illegal reasons and I would do whatever it took to protect my family and to hell with the consequences! This Country always leans away from the victim and the criminal ends up winning! What kind of judicial system allows this to happen? As for using excessive force or whatever? Then don't break into anything that doesn't belong to you?!
If you are a pensioner asleep in bed and a burglar wakes you with noise downstairs. You don't go downstairs unarmed. A golf club. A 2x4. What ever. Are you going to give his legs a good bladdering. No you hit him in the head. I am not going down those stairs to wrestle with someone likely to be far younger and stronger.
If anyone isn't detterd by my dog barking and still breaks in fluffy will deal with them
How upset you were about FEWscratches on your TESLA..
Will you ask POLITELY a burglar to leave your house???
I doubt it.
There is a reason the first Commandment ( on which all our laws are based ) is "thou shalt not murder" .... it doesn't say anything about not killing as even God's laws/natural law understands in certain circumstances it may be necessary to take life .
*on gods laws/natural law is on which all our laws are based I should have put*
You are describing a law that was based in a land that was basically ethnocentric. The finer details then could have been worth considering. This is no longer the case in urban environments or perhaps many others. If you invade a home, you are the aggressor, any action after that is reasonable.
If it was me & my place got robbed with me there they would go out in a box & if that ment jail then so be it the law or not the law is not my law in my home
Short of tying up the burglar pouring petrol over his head and setting him on fire you are not likely to be prosecuted. This is a nonissue. Yes you will be arrested if you create a corpse but that's not the same as being found guilty of a crime. Your loss of temporary freedom (24 hours) is not as important as determining why a person has died
Locking someone up before guilt is found is a big issue
@@nonamefound68 The police do not need to show you are guilty to arrest someone. 90% + of arrests do not end in a guilty verdict Arrests are part of the investigation, not punishment. That is why they can only detain you for 24 hours
@@nonamefound68 That depends...
If the crime(s) are serious enough and they caught you in the act then it is witnessed first hand.
However, police shooting people dead who are unarmed is of serious concern.
Police can bust into homes and shoot people but citizens are not afforded such protections?
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Link to a documentary about the farmer who shot two burglars as mentioned ua-cam.com/video/BemcOAg53eM/v-deo.html
How far can you go to protect your property or family, there is no law, you have a choice like many people I know ,if you choose to recycle them, go ahead but don't get caught, and accept the consequences, chances of getting caught for beating an entroder to a pulp are in your favour, that's why you must NOT let them escape, whatever decisions you take good luck 😉
Canada is far worse I heard a story about this they defended their house and the invader died and it was a automatic sentence against the homeowner he spent years in prison and yet Paul Bernardo is going to be released in a minimum security prison everyone in Canada is upset except the Dictator of Canada he's going to give a hug and an award and keys to all the girls here soon.🤦🏻♀️🤬😥😓 and he said they deserve it.
Better in prison than dead to our families.