Re: How messsed up is this?!
 

Yeah, the judge doesn't seem to appreciate that the criminal would happily have done worse to this man and his family first. So as soon as he got the opportunity, the man turned the tables (and threw it at the burglars!) and ensured that once he had the burglar down, he STAYED down.

And no chasing them down the street? What? So I have a chance to stop the guy or at least get my stuff back, and you say DON'T take it?

Re: How messsed up is this?!
 

Just heard on the radio that despite the brain injury the burglar has 364 previous charges and has been done again for credit card fraud AFTER receiving the brain injury. So still hasn't learnt his lesson.

Re: How messsed up is this?!
 

unfortunately there's no law in this country that allows you to hand out your own justice. You're allowed to do what is necessary and no more. It's the way it has to be. It may not be ideal, but the alternatives are much worse.

Re: How messsed up is this?!
 

Though you could argue that if someone hadn't broken into their house & tied up & threatened to kill their familly it would never have happened. Would imagine (thankfully) Rationality takes a bit of a hit at that point & would have thought you could have made a case for wildly extenuating circumstances.

It's a total waste of jail space. Large fine, community service etc.

Re: How messsed up is this?!
 

I think there ought to be some consideration though for the anger or fear we'd all feel in the heat of the moment. Maybe a sort of diminished capacity. If he had gone after the burglar a day or 2 later, then I could maybe understand the sentence, or the judge's concern that it might promote vigilanteism to let him go unpunished. If I put myself in the same spot though, I can only imagine an overwhelming drive to not only stop the attacker, but make sure he would never consider returning.

Re: How messsed up is this?!
 

I think a swift kick to the head might have been got away with - but a sustained beating 2 on 1 is illegal and unjustifiable whatever the circumstances.

Re: How messsed up is this?!
 

Totally agree - who wouldn't be in an extremely stressed fearful state of mind after going through that? which surely should be considered as an altered state of mind? (IIRC that was what got Tony Martin's charge reduced to manslaughter - someone correct me if I'm wrong)

Re: How messsed up is this?!
 

The moment the burgler stole the rights of the victim's family to freedom of movement, dignity, life without fear and their treasured possesions, then he lost his own rights to protection under the law of this country in my opinion. I'd thank the victim myself for getting one more serial offending low life off the streets.

Re: How messsed up is this?!
 

Unjustifiable perhaps but not inexcusable.

Be interested to know what the judge might have said if, in that situation, it had been one of the hunting, shooting & fishing crowd making use of his purdey.

Re: How messsed up is this?!
 

But he didn't the guys still free and committing crime.
If it had have just been a burglary and this happened outside then I'd understand where the judge was coming from - but it's the fact they were tied up at knife point and told they'd be killed that changes things for me. 30 odd months for an otherwise law abiding person when the situation was brought entirely on themselves by the burglar? stupid.
To me it sounds like the judge wants to ensure that criminals can practice their 'job' risk free.

p.s does tokeer look slightly familiar to anyone? :scratch: