Just had the police round......

[craft1948]

Apparently an old lady in the next street was burgled yesterday. (I do live in an elderly community as there are a lot of bungalows in the immediate area)
A man walked straight into her house, shoved a pillow-case over her head, tied her up and robbed her.
It's obviously silly that she had left her door unlocked but my question is......if this happened to me and I knocked seven shades of sh!t out of him with a claw hammer would I be in trouble?
I tried not to laugh as the policeman said the burglar would have been noticeable as he was apparently wearing sun glasses..........so was the policeman.......

[pericat]

thats silly - everybody knows if he wears sunglasses no one will recognise him

[daffy654]

You are only allowed to hit an intruder enough to defend yourself using 'reasonable force',that doesn't mean attacking him repeatedly with a claw hammer really though craft (unfortunately).

[Jan1957]

Couldn't the builder stay with you to protect you?

[craft1948]

yes but if I was scared he might retaliate surely I can carry on hitting him until I feel safe....

[Bobbisox]

just wallop the bugger craft, and to hell with the consequences!

[Bobbisox]

it's like if someone hurt me or mine, I would do all I could to get the blighter!

[jake-the-peg]

If you hit them once with the hammer and they fell to the floor bleeding no

If you then proceded to beat 10 shades of hell out of their unconcious body on the floor then yes.

It's really very simple - self defence is self defence - it's not righteous vengence - you have to stop when you're no longer in danger

[craft1948]

would you visit me in Askham Nryan prison (that's the local ladies nick).........Rosemary West is in there......

[craft1948]

^ Askham Bryan....

[craft1948]

right jake.....so the onus is on me to decide as to when I can safely get away from the toe-rag?

[mccfluff]

i'd bake you cakes but i wouldn;t visit

[Barmaid]

That's generous Fluffs. I would actually eat the cake. Just like I am about to right now. Yum.

[caslass]

i thought Askham Byram was an open prison. Surely they have not put Rose West in there?

[jake-the-peg]

Yes it is

If you're going to plead self defence you have to prove it was.

Otherwise someone could just beat you up and challenge you to prove that it wasn't self defence - I doubt you'd think that was a good idea

[mccfluff]

serioulsy BM if i ever make you a cake try it on someone else first..........

[Barmaid]

lol Fluffs.

At the risk of being pedantic Jake, the Defendant does not have to prove anything. Once the issue of self defence has been raised, it is for the Prosecution to prove that it was not self defence or that the force was not reasonable and proportionate. The Defendant has the burden of raising SD but the Prosecution have the burden of proving it was not self defence.

[jake-the-peg]

I stand corrected

I think though as a rule of thumb it's difficult to claim self defense when your attacker is unconcious on the ground

[Sqad]

jake...I am not an expert, but to translate Barmaid's post..............you can hit'em when they are coming towards you, but when they retreat, you have to stop hitten'um.

Is that correct Barmaid............by and large?