[Paultheparaglider]

would a jury convict? I’d like to think not.

That is an interesting question. Having done a spell of jury duty myself, I tried hard to listen carefully to all the evidence presented, and took direction from the judge, before arriving at a decision. A bit like not deciding the pilot is guilty before the safety report is out.

That said, I don't think I'd be able to find any person guilty who took any action in defence of his family and his property following a break in, even if technically the correct decision was actually to find the person guilty. Sometimes it probably is right for the jury to take into account instinct as well as evidence because sometimes the law really is an ass.

I think in this case it won't go to trial. I don't think the police or the cps bring these things to court lightly, and suspect they won't here.

[Cns416]

Its called jury nullification
When a jury decide that they don't care what the law or the judge says - they are going to acquit.
Best UK example is the Drax power station invasion by a "load of hippies/greenies/treehugeers" in 2009 all charged with something like aggravated trespass for which there was ample evidence CCTV/witness whatever.
They pleaded not guilty and were duly acquitted.

Not much is discussed about this power juries have to ignore the law, now I wonder why that might be......

[Flintstone]

I very much doubt a GP entering a property on a house call is likely to be mistaken for a couple of scrotes intent in causing harm.

Have you met my GP?

No..., but I've met you and am pretty sure your GP's state on mind when house calling on you is not his/her normal manner.

His stab-proof gilet is a fashion statement.

[nallen]

Its called jury nullification
When a jury decide that they don't care what the law or the judge says - they are going to acquit.
Best UK example is the Drax power station invasion by a "load of hippies/greenies/treehugeers" in 2009 all charged with something like aggravated trespass for which there was ample evidence CCTV/witness whatever.
They pleaded not guilty and were duly acquitted.

Not much is discussed about this power juries have to ignore the law, now I wonder why that might be......

Do you mean the Drax protesters who were convicted in 2009 (of obstructing a train) and then had their convictions quashed in 2014 as the police were found to have withheld evidence obtained from an undercover officer?

Or was it some other other protesters … ?

[Paul_Sengupta]

http://www.bbc.co.uk/news/uk-43652308

[Miscellaneous]

May be if we lived in a civilised society where those choosing a life of crime were dealt with and where the rights of the criminal did not take precedence over those trying to live a peaceful law-abiding life, then not only would the scrote still be alive, but more importantly, the pensioner would not have been put in this position!

[JoeC]

May be if we lived in a civilised society where those choosing a life of crime were dealt with and where the rights of the criminal did not take precedence over those trying to live a peaceful law-abiding life, then not only would the scrote still be alive, but more importantly, the pensioner would not have been put in this position!

But the rights of the criminal haven't taken precedent over the victim?

Do you really think that anyone who is suspected of killing someone shouldn't be questioned?

Arrest confers legal rights on you that the homeowner here would have welcomed as it allows for the proper investigation of an incident that will in all probability find him innocent of any wrong doing.

Just what has gone wrong for you in this case?

[rikur_]

News reporting no charges being pressed

[Miscellaneous]

But the rights of the criminal haven't taken precedent over the victim?

Whilst I agree it has not been the case post the 'event' I would argue that an individual with such a history of criminal behaviour's rights are taking precedence over his future victims, demonstrated by the failure to prevent further crime.

Sorry if that wasn't quite clear.

Do you really think that anyone who is suspected of killing someone shouldn't be questioned?

Just where have I as much as indicated I thought that, Joe?
Bit naughty to suggest I have!

Just what has gone wrong for you in this case?

Where have I suggested anything went wrong with the case? As I said in my post Mr Osborn-Brooks should never have been in the situation.

My post was highlighting the crime history of someone that IMO was never going to be rehabilitated. He did quite well out of crime until...

[JoeC]

All too subtle for me Misc!

[Chris Martyr]

[quote="JoeC"]But the rights of the criminal haven't taken precedent over the victim? quote]

But who is who though Joe ? In the eyes of the liberal thinking human rights crusaders , the victim will be the scumbag who is now no longer with us , who has been cut down in his prime from his career in 'alternative non law abiding activities'.
The nearest and dearest of Mr Henry Vincent will certainly be wanting their human rights entitlement stretched to the max .

Defending your home , your possessions and your loved ones should earn you maximum 'plus-points' in the eyes of both the law and also the parasites of the human rights gravy train.

[Flintstone]

Given that the wrong ‘un came from a criminal family it would be nice if this gave them pause.

Unlikely though. These sort never see their own hand in their undoing, it’ll all be someone else’s fault.

[avtur3]

.... Defending your home , your possessions and your loved ones should earn you maximum 'plus-points' in the eyes of both the law and also the parasites of the human rights gravy train.....

And it appears that is exactly what the CPS think and the guy has been released. I was in the car this evening when this decision was confirmed on a news bulletin .... I don't mind admitting that I shouted out load and punched the air ... thank goodness for common sense ...

[Jim Jones]

Everyone knows exactly what should happen in cases like this, until it happens to them or someone they love, then ‘rightness’ and ‘fairness’ take on a different perspective.

On another forum somewhere, someone will be bemoaning a young man cut down by a wicked old geezer with a knife who just did 2 nights in custody as a result. “Any one sensible would have just cowered under the blankets till the burglar had gone”.

That’s why we have due process. Kill someone, you get arrested ‘on suspicion’, then due process occurs. That has happened here.

[Chris Martyr]

Mr Osborn-Brooks definitely deserves his two pints of Guinness tonight then......