Burglars should accept risk of being shot, says judge


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A judge has told two burglars that if they choose to raid a home where the householders legally own a gun they should accept the risk of being shot.

Judge Michael Pert QC made his remarks as he jailed Joshua O'Gorman and Daniel Mansell for four years at Leicester crown court after they were blasted by Andy Ferrie's shotgun while attempting to burgle his farm cottage in Welby, near Melton Mowbray, in the early hours of 2 September.

Rejecting a plea that he take into account the shooting, which injured and allegedly "traumatised" the defendants, the judge said: "That is the chance you take."

O'Gorman, who was shot in the face, and Mansell, who was hit in his right hand, had pleaded guilty to the break-in at an earlier hearing.

Alan Murphy, prosecuting, said they had a string of convictions between them.

The judge said: "I make it plain that, in my judgment, being shot is not mitigation. If you burgle a house in the country where the householder owns a legally held shotgun, that is the chance you take. You cannot come to court and ask for a lighter sentence because of it."

He was responding to a mitigation plea from Andrew Frymann, representing O'Gorman, who said being shot was for his client akin to a "near-death experience" for which he was not prepared.

Responding to the suggestion that O'Gorman was traumatised, Pert said the Ferries' arrest on suspicion of grievous bodily harm could be considered just as disturbing.

"Some might argue that being arrested and locked up for 40 hours is a trauma," he said.

More

Ferrie, 35, and his wife, Tracey, 43, were held in custody for nearly two days after he called police to tell them he fired his shotgun at the intruders.

Their arrests prompted widespread criticism. The couple were later bailed and told they would not face criminal charges.

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Rejecting a plea that he take into account the shooting, which injured and allegedly "traumatised" the defendants, the judge said: "That is the chance you take."

Kudos to that judge. If it were in the US (where you're allowed to own a gun, but not actually use it) the burglars would probably sue the homeowners for "damages" and win.

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Kudos to that judge. If it were in the US (where you're allowed to own a gun, but not actually use it) the burglars would probably sue the homeowners for "damages" and win.

Fortunately there are VERY few places left in the US where that is the case.

And yeah, a big thumbs up to the judge. Glad to see one outside the US come to the same conclusion that judges here have.

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There's really no discussion on this. If you're attempting to do something bad, don't expect sympathy when something bad happens to you as a result.

What do yo expect they are burglars and conmen they will always try the sympathy card and try and get money from who they are robbing, the police or some other company saying they have been hurt, abused or there was a hazard that could seriously hurt them. Its what they do, look for ways to make money by any means, even suing the people they are robbing for whatever reason including saying there was a hazard that could seriously hurt them lol

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Totally agree with this 100% - if you're a burglar and you break into someone else's house, as far as I'm concerned the gloves are off and anything goes. If you get shot, or seriously hurt then tough luck - you should not have been there and you get everything coming to you.

Rejecting a plea that he take into account the shooting, which injured and allegedly "traumatised" the defendants....

Laughable!

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I have the view that of someone breaks into your house you should be allowed to beat them to a bloody pulp, then horse them out the door and call the police

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Totally against people carrying guns, but have to say this is about the only time I do agree you should have the right to shoot someone

If you can't protect your own home and family, and burglars get sympathy for getting their asses kicked or shot when they break into someone elses house, there's something wrong with the law

Also I disagree about a story I heard a few years ago where a burglar cut himself on the window he broke to get into the house and managed to claim on the home owners insurance for his injury

If you break into a house and end up hurt or dead, tough f***in sh**

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Judge is right.... While I don't particularly like the idea of everyday ordinary idiots owning guns, people do have the right to protect themselves, especially when it comes to home invasion. Though I will say there may be a fine line between protecting oneself and showing malice in defense of oneself (e.g. Edward Norton's curbstomp of an intruder in American History X).

They should just be thankful they're not dead.

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There's really no discussion on this. If you're attempting to do something bad, don't expect sympathy when something bad happens to you as a result.

Oh you mean like when someone breaks into your house and then sues you because they cut themselves on the glass window they broke into?..... yeah seen that happen in the USA a few times... I think they figure anymore, hey you stopped me so I am going to take it out on you for ruining my plan!

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I still cant believe the homeowners were held in custody for 2 days because of this. obviously great they they werent charged but I dont see why they would need to be held. answer some questions, fill out a report and thats it. case closed.

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There's really no discussion on this. If you're attempting to do something bad, don't expect sympathy when something bad happens to you as a result.

I agree. I don't like that some people go through pain, even if they're evil or have done something bad; however, as much as I don't like that it has happened, I have no sympathy for the actual person, if they've done something bad.

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There's really no discussion on this. If you're attempting to do something bad, don't expect sympathy when something bad happens to you as a result.

While I agree with the sentiment it's important that any response is proportional. Shooting somebody breaking into your home is fair enough in my opinion, especially if you give them prior warning; mutilating their genitals and pouring acid in their face is wrong (not that anyone has done that here). I don't believe that a person sacrifices all their rights as an individual just because they're committing a crime - it still needs to be proportional.

I still cant believe the homeowners were held in custody for 2 days because of this. obviously great they they werent charged but I dont see why they would need to be held. answer some questions, fill out a report and thats it. case closed.

Every case needs to be investigated thoroughly, as otherwise you end up with a situation where you can invite people to your home and shoot them without facing murder charges.

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I find it funny that in one hand some of you are all like, GUNS BAD!!11!!!!, yet claim that self defense is OK, how the hell do you defend yourself without a weapon, and ina home the best weapon you can have is a handgun, last thing you want if for the criminals to get close to you or your family

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Every case needs to be investigated thoroughly, as otherwise you end up with a situation where you can invite people to your home and shoot them without facing murder charges.

Understood, but 2 days in custody (is/should) not be required for an investigation to take place.

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I still cant believe the homeowners were held in custody for 2 days because of this. obviously great they they werent charged but I dont see why they would need to be held. answer some questions, fill out a report and thats it. case closed.

Would have most likely been a procedural thing purely because of the stricter firearms laws in this country. They may have been burglars but it was also someone shooting someone else and therefore they would have had to have been arrested for questioning, etc. Makes sense to be honest. I'm quite sure the police knew full well what was going on and treated them well.

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... how the hell do you defend yourself without a weapon, and in a home the best weapon you can have is a handgun ... ?

Baseball bat, frying pan, vicious dog ... :shifty:

thumbnail.aspx?q=4808238098483112&id=2e81d8fb159956089a46ded567929ce8

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This is a real no-brainer; if you break into someones home whatever fruits fall from that tree are on you, including your demise - by whatever means.

Clubbed with a pipe? Torn asunder by a Mastiff? Bisected with a katana? Blown to smithereens by a shotgun, rifle or big f'ing pistol? Too damned bad. Your own damned fault, dumbass.

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Sadly mistakes happen in this odd case -

A US man mistakenly shot dead his 15-year-old son while investigating what appeared to be an attempted burglary next door, police say.

Jeffrey Giuliano, from New Fairfield in Connecticut, opened fire on a masked teenager outside his sister's house.

Police later told him he had killed his adopted son Tyler. No charges have yet been filed in the case.

"All in all it's a tragedy," said state police spokesman Lt J Paul Vance, quoted by the AP news agency.

According to police, the father was called by his sister, who lives next door, at around 01:00 on Friday (05:00 GMT) when she heard someone outside the house and believed they were attempting to break in.

Mr Giuliano confronted a person wearing a black balaclava and black clothing, and fired his gun when the person lunged at him with "a shiny weapon".

http://www.bbc.co.uk...canada-19756499

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Baseball bat, frying pan, vicious dog ... :shifty:

thumbnail.aspx?q=4808238098483112&id=2e81d8fb159956089a46ded567929ce8

While I can agree on the dog, either of the other options require you to get close enough to the other person for them to easily harm you as well.

Sadly mistakes happen in this odd case -

http://www.bbc.co.uk...canada-19756499

While it's tragic that the burglar ended up being the guy's son, I don't see how this classifies as a "mistake", The kid was trying to break into someone's home (in this case, his aunt). He got shot. Nothing at all unusual about that part of the story.

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