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Jail for brothers who beat burglar with bat 
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l3v1ck wrote:
Lessons learned for this incident:
1) Unlike government claims, the law is not on your side

I don't want the law to be on my side. I want the law to be objective, uniformly applied and just.

Jon


Wed Dec 16, 2009 12:00 pm
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jonbwfc wrote:
l3v1ck wrote:
Lessons learned for this incident:
1) Unlike government claims, the law is not on your side

I don't want the law to be on my side. I want the law to be objective, uniformly applied and just.

Jon

I also want the tooth fairy, father christmas and the easter bunny to be true and I know who is more likely to be dissa pointed and its not me!

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Wed Dec 16, 2009 12:12 pm
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A businessman who was jailed for permanently injuring an intruder who attacked him and his family has been freed by the Court of Appeal.

Munir Hussain 53, was sentenced to 30 months for grievous bodily harm with intent after he hit Walid Salem with a cricket bat on 3 September 2008.

Hussain and his family had been tied up by three intruders at their home in High Wycombe, Buckinghamshire.

His jail sentence has been replaced with a two-year suspended term.

Lord Chief Justice Lord Judge, who was sitting with two other judges in London, said he had shown "mercy" to Hussain.

His brother, 35-year-old Tokeer Hussain, who was also jailed for causing grievous bodily harm, had his 39-month jail term reduced to two years.

Hussain's son, Awais Hussain, said the family was grateful for all the support it had received.

Speaking outside court, he said: "We're extremely grateful to the Court of Appeal and the Lord Chief Justice for releasing my father.

"We're grateful for all the support we have received from the entire nation, and all the attention support from the media.

"Whilst it will be great to have my father home immediately, our thoughts will be with my uncle, Tokeer Hussain, who won't be released as yet... We hope he stays strong."

He added: "I don't think our family will ever get over it."

Hussain and his brother, who were both described as being at the heart of their community, were imprisoned in December after being found guilty at Reading Crown Court.

The court heard Hussain and his wife and children returned from their local mosque to find intruders wearing balaclavas in their home.

They were tied up but the businessman escaped and enlisted his brother to help chase the offenders down the street, bringing one of them to the ground.

The pair left Salem with a permanent brain injury after hitting him with a cricket bat.

The force of the blow was so hard that it broke the bat into three pieces.

Lord Judge said: "This trial had nothing to do with the right of the householder to defend themselves or their families or their homes.

"The burglary was over and the burglars had gone. No one was in any further danger from them."

The decision to free Hussain comes one day after judges rejected his appeal against his conviction.

Lord Judge said the case was one of "true exceptionality".


http://news.bbc.co.uk/1/hi/england/beds ... 469850.stm

I'm sorry, I'm a bit confused by all the strings being pulled at once there... ;)

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Wed Jan 20, 2010 1:09 pm
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Lord Judge said: "This trial had nothing to do with the right of the householder to defend themselves or their families or their homes.
"The burglary was over and the burglars had gone. No one was in any further danger from them."

I think most people would suggest that the last bit at least wasn't necessarily true. What the accused did was illegal and largely reprehensible but the bald fact is if the burglars had gotten away with it that time they'd probably have done it again sooner or later.
(note : I'm in favour of a proper justice system and that people like Salem were caught and punished, not that they were critically injured with cricket bats)

Jon


Wed Jan 20, 2010 1:43 pm
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just for added spice the 'asshole' who got hit with the bat and had 'alleged' brain damage was arrested, a few weeks, after this incident for credit card fraud

seems he didn't receive enough brain damage …

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Wed Jan 20, 2010 2:58 pm
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I'm totally 'for' justice, and if it were me would probably chase them down, detain him with force and then let the Police have him. I don't think that 2 on 1 beating the snot out of him with weapons is on at all, but I honestly have no idea what I would do in the same situation. Tbh I'm not sure the justice system in this country is really up to actually dealing with real criminals, it occurs to me that the law is so busy dealing with ridiculous lawsuits and the Police are so overstretched with paperwork that not much actual 'Justice' is going on at all.

Perhaps sharia law is all there really is? Until I go through it I'm not really in a position to say.

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Wed Jan 20, 2010 3:42 pm
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You can understand the anger the brothers felt at that moment. BUT 2 against 1, most likely having him grounded, they could have called the police as there wasn't any emergency anymore. You can't allow people to do justice themselves, or this country is going to be a jungle


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Zippy wrote:
I'm totally 'for' justice, and if it were me would probably chase them down, detain him with force and then let the Police have him. I don't think that 2 on 1 beating the snot out of him with weapons is on at all, but I honestly have no idea what I would do in the same situation. Tbh I'm not sure the justice system in this country is really up to actually dealing with real criminals, it occurs to me that the law is so busy dealing with ridiculous lawsuits and the Police are so overstretched with paperwork that not much actual 'Justice' is going on at all.

Perhaps sharia law is all there really is? Until I go through it I'm not really in a position to say.


but within the house it was a 4 to 1 beating and thieving
when the odds were in there favour they had the upper hand but when the situation changed they scream
'my human rights' such a pity that they can not uphold which they scream

when will you lot learn
there are no rules in warfare other then winning and being able to walk off of the battle field
regardless of the battle field, these scum do not play by the rules and the only rule is surviving …

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Wed Jan 20, 2010 3:51 pm
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If I'd have been on the jury, this bloke would never have gone to prison in the first place.

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Wed Jan 20, 2010 3:59 pm
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l3v1ck wrote:
If I'd have been on the jury, this bloke would never have gone to prison in the first place.


+1 including his brother

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Wed Jan 20, 2010 4:00 pm
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MrStevenRogers wrote:
but within the house it was a 4 to 1 beating and thieving
when the odds were in their favour they had the upper hand but when the situation changed they scream
'my human rights' such a pity that they can not uphold which they scream.


I agree on that point, but 'within the house' the people should have the right to defend themselves and their property, I would have no problem with them taking a bat to the guys before the robbery took place, but there's a huge difference between defending your property and family, and calling your mates round to chase them down and beat them senseless, that's street law and has no place here.

MrStevenRogers wrote:
when will you lot learn
there are no rules in warfare other then winning and being able to walk off of the battle field
regardless of the battle field, these scum do not play by the rules and the only rule is surviving …


Yeah, this isn't war, the rules of engagement don't apply.
The people survived and even though the incident was over they then turned the tables and escalated it which changes the nature of the beast.

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Wed Jan 20, 2010 4:14 pm
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yeah.
I wouldn't jail the person but at least give him a suspended sentence. You can't have people beating up each other on the street.


Wed Jan 20, 2010 4:16 pm
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TheFrenchun wrote:
yeah.
I wouldn't jail the person but at least give him a suspended sentence. You can't have people beating up each other on the street.

I have a sneaking suspicion that if somebody attacked you that the "very large rugby playing gentleman" who is your dad would wish to have a quiet chat with them without the Police being present.

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Wed Jan 20, 2010 4:18 pm
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TheFrenchun wrote:
yeah.
I wouldn't jail the person but at least give him a suspended sentence. You can't have people beating up each other on the street.

There's beating up and there's giving brain damage. The cricket bat broke into three for crying out loud! Assuming one part was the handle and splicing down the middle, that's still a fair amount of damage required to crack a bit in two! Willow should only be used on leather.

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Wed Jan 20, 2010 4:19 pm
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Anyone seen the film Felon? First 10 minutes cover this eventuality in American/Hollywood style. :lol:

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