Self-defence and Reasonable Force
Talk of the Englishman defending his castle provokes such a rush of blood to the conservative head that judgment disappears. Last week Munir Hussain was sent to prison for inflicting violent vengeance on a particularly vicious burglar.
Read full article at: http://www.guardian.co.uk/commentisfree/2009/dec/22/munir-hussain-crime-law-defence#start-of-comments
This case is very similar to the Tony Martin case in that there is both a moral issue and a legal issue involved here.
Many people sympathise with Tony Martin & the Hussain brothers and belive these individuals should not have been convicted.
But under English law they are guilty as the force they all used was not reasonable.
In both cases the force they used went well beyond reasonable.
The simple fact is that at time Tony Martin pulled the trigger and the Hussins delived the blow that caused the brain injury to the robber any threat to personal safety had passed as in both cases the robbers were running away.
I expained in detail the critria that needs to be in place to establish self-defence in my October article.
In both cases it was perfectly legal and within the law to go after the robbers as we are all entitled to chase criminals in order to carry out an arrest and detain them until the Police arrive but that is all.
In theses two cases Martin and the Hussain brothers went that bit further and sought revenge and so could not rely on a self-defence plea.