78 year old arrested for murder

Thanks very much to Merlot & MawBroon

Yes, I could have googled it; I did try the BBC news site and it wasn't there..

If some Gnetters can be pathetic and not 'do' links then I can be pathetic and not 'do' google ( I never get the right results when I try..)

My own opinion is that if you break into someone else’s house you are fair game.

In law you have a duty of care to anyone at all on your property whether they are there 'legally' or not. Which I suppose includes not shooting or stabbing them.

It was on the news yesterday evening and again this morning. The initial report I heard gave the impression that the burglar tussled with the homeowner and was stabbed with the screwdriver he had taken into the house. A later report mentioned a kitchen knife. I was under the impression the burglar attacked the older man.
My own opinion is that if you break into someone else’s house you are fair game. Anyone going in to check on the residents would call out to them.

I would imagine it has been on radio/TV news this morning, but here you are MaizieD

www.telegraph.co.uk/news/2018/04/04/suspected-burglar-dies-tussle-pensioner-78/

I have just realised you have beaten me to it Merlot

The police have to of course have to go through the correct procedures where such a death has occurred. I can only imagine the fear this man was feeling when he was woken to the sound of people moving about in his house, whilst his disabled wife lay next to him. I heard he was cornered in the kitchen, where of course most people keep their knives. The conundrum which is "reasonable force" comes very much into play in this scenario. The poor householder would have been under immense pressure, panic stricken I imagine, fearing not only for himself, but his wife upstairs. Burglars don't always just leave with their spoils sometimes they tie up their victims and torture them, there was the recent case of university academic beaten to a pulp by a gang, only saved because a daughter upstairs managed to covertly call the police. It's regrettable that a man died but he had a choice in what he was doing the householder didn't and my sympathy lies with him I hope he is acquitted, a custodial sentence would be a travesty imo.

www.dailymail.co.uk/news/article-5580925/Pensioner-78-stabbed-burglar-bailed.html

Maizie Many GNs don't know how to post a link (I don't . You could always google it!

Could someone post a link to this story please instead of assuming that everyone knows what you're talking about.

Or is it a private discussion for 'in the know' posters only?

Whoops, should have added, however homeowners can now use disproportionate force against intruders in certain circumstances.

In all likelihood he will be bailed for the time being, but as regards the elements of murder there has to be intention to kill or cause serious bodily harm so premeditation isn't needed. Also self defence requires any response to be immediate and proportionate. No doubt we'll be seeing quite a bit of this in the media.

Is anybody willing to post a link to this story?

I always thought an element of premeditation was necessary for a killing to be deemed “murder” anyway.
A 78 year old defending himself from two armed burglars in their 30’s seems to me another matter altogether.
Manslaughter (at worst) ? Possibly
But much more likely,(IMO) self defence.
Whose side is the law on?