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UK: Gee, that's nice, but why was this guy in jail in the first place?

Discussion in 'The Okie Corral' started by Jack22, Jan 20, 2010.

  1. Jack22

    Jack22 Silver Member

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    Businessman Freed From Jail


    A businessman jailed for attacking an armed burglar who held him and his family hostage was yesterday freed after the Lord Chief Justice said he must be shown "mercy".


    By Tom Whitehead, John Bingham and Lucy Cockcroft
    Published: 6:41PM GMT 20 Jan 2010

    Munir Hussain had his 30-month term slashed to a 12-month suspended sentence because he had acted under "extreme provocation" when he hit intruder Walid Salem with a cricket bat, Lord Judge ruled.

    He said the case was not about the right of householders to defend their families and homes but the ruling effectively means anyone in the same position could expect mercy in the courts.

    On returning home, Hussain said: "Thank you all, all the media, for supporting us while we have been away. That support has been very comforting. I'm very happy but obviously my brother is still there (in jail)."

    His elder brother Qadeer Hussain said: "His wife Shaheen is a lot more comfortable now."

    The family, many of whom were gathered at the small detatched house, would be enjoying an eveing meal to celebrate Munir's freedom, he added.

    Hussain told a fellow prisoner in Bullington prison, about his attack on Salem: "If you were in my position, what would you have done? You would have done the same as me'."

    Aqdus Basharad, 22, from Slough, said: "He was very upset to be in prison, he shouldn't have been there."

    Hussain, 53, along with his brother Tokeer, 35, who also had his sentence substantially reduced, had been jailed after chasing Salem down the street and inflicting an attack so serious that he was left with brain damage.

    Salem, who the Court of Appeal heard has more than 50 previous convictions, was part of a knife-wielding group of masked men who had threatened Hussain, his wife and children, who they had tied up at the family home.

    But in a significant Court of Appeal judgment, Lord Judge said the case was one of "true exceptionality" and the court "must address and balance the ancient principles of justice and mercy", despite accepting the men had been acting in "revenge".

    He also stressed that Hussain was a peaceful man who had acted "totally out of character, in hot blood".

    It follows a public outcry over the case and comes at a time of intense focus on the treatment of homeowners and 'have-a-go heroes' who confront criminals, with the Conservatives this week pledging better protection in the law.

    Met Commissioner Sir Paul Stephenson, the country's most senior police officer, yesterday said people who injure others while defending their families or homes should be told earlier that they will not face prosecution.

    The Hussain brothers, described as family men at the heart of the local community, were jailed in December after being found guilty at Reading Crown Court of causing grievous bodily harm with intent to Salem.

    Munir Hussain had returned from their local mosque during Ramadan in September 2008 to find intruders wearing balaclavas in their home, in High Wycombe, Buckinghamshire.

    He feared for their lives as their hands were tied behind their backs and they were forced to crawl from room to room.

    The businessman made his escape after throwing a coffee table and, enlisting the help of Tokeer, chased Salem down the road before hitting him with a cricket bat so hard that it broke into three pieces. His injuries included a fractured skull, jaw and ribs.

    Lord Judge, sitting with Mrs Justice Swift and Mr Justice Sweeney, said: "The plain, simple reality is that Munir Hussain was acting under the continuing influence of extreme provocation.

    "Involvement in this serious violence can only be understood as a response to the dreadful and terrifying ordeal and the emotional anguish which he had undergone."

    His family had effectively been kidnapped in their own home. "He feared for their lives and the honour of his wife and daughter," he said.

    He insisted such violence was not lawful and would normally require "very long" sentences but added that this was "not an ordinary or normal case or one that falls within the overwhelming majority of cases, not least because of the character of the two appellants".

    "It is rare to see men of the quality of the two appellants in court for offences of serious violence," he said, highlighting the fact Munir was a hard-working family man, who makes a "positive contribution to the general community".

    The "call for mercy" on their behalf had been intense and the court had concluded that it "must be answered".

    But he added: "This is not, and should not be seen as, a case about the level of violence which a householder may lawfully and justifiably use on a burglar.

    "It is also clear that the violence to which Salem was subjected was not designed to ensure that he was detained and somehow kept pending the arrival of the police to be handed to them.

    "So far as both these appellants was concerned the purpose of their violence was revenge - to teach at least one of the burglars a lesson... such violence is not lawful and no one at the trial suggested that it was."

    The judges had previously rejected a bid for appeal against conviction but Lord Judge said there was "ample justification" to reduce Munir's sentence from 30 months to 12 months, suspended for two years, with a two year supervision requirement.

    Tokeer's sentence was reduced from 39 months to two years meaning he could be released in around five months.

    Munir's son, Awais, 22, said he was "extremely grateful" to the court for releasing his father, describing the decision as a "big relief" but added: "We respect the law and always will do, but in this case it did not do us justice."

    The family's legal spokesman, Razi Shah, said Hussain had not recovered from his ordeal and every day relived the terror of being imprisoned in his own house.

    He said: "You must ask yourself what would you do and all the fathers should ask what would they do."
     
  2. silentpoet

    silentpoet

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    I say we dig up Winston and move his body to some free country.
     

  3. Gallium

    Gallium CLM

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    I think it was the cricket bat that did it.

    Next time use a badminton racket.

    What a set of extreme dumbasses.

    'Drew
     
  4. Fumble

    Fumble RIP Poom . . .

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    I think what cooked him initially was the chasing the bad guy and upon catching him, giving him a beat-down.
     
  5. NeverMore1701

    NeverMore1701 Fear no Evil Platinum Member

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    I honestly wonder if some of the Brit authorities would crap themselves if they saw my home/self defence tools. Ain't one of them a cricket bat, I can guarandamntee ya.
     
  6. SP-FIN

    SP-FIN

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    I'd say using them down the street, after tackling the perpetrator falls just slightly outside of the scope of "home defence", unless taken in the larger context of "making sure they NEVER do that stuff anywhere ever". Which, I seem to recall, is a job for the authorities, the competence of which we will leave aside for the purposes of this discussion. :D
     
  7. security79

    security79 Gene Frenkle

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    How is self defense viewed in your country? I hope better than the rest of Europe.
     
  8. Scared_of_zombies

    Scared_of_zombies

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    did they ever catch the others?
     
  9. snair

    snair

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    hell here i think we should be able to shoot petty theives
     
  10. Isaiah1412

    Isaiah1412

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    What cooked him was the fact that he's in the UK where the concept of self defense has been completely removed from the legal system. Even if he had never left the house it would still have been assault or attempted murder.
     
  11. Diesel_Bomber

    Diesel_Bomber

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    I would truly love to visit Yorkshire. The reason I will not is because of that foolishness up there ^. Even if I were to put myself in a position where I am forbidden by law from defending myself, I will not give a penny of my tourist dollars to a government that does that to it's people.

    I really hope America takes note, and prevents the neutering of our country before it's too late.
     
  12. NeverMore1701

    NeverMore1701 Fear no Evil Platinum Member

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    Honestly, it depends. Are they still a threat? Did they take something that I reasonably believe that I cannot recover by any other means? Texas is pretty laid back about such things.
     
  13. boozer

    boozer

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    Don't chase the home invaders down the street and shoot them. No matter how upset you are.
     
  14. jp3975

    jp3975

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    That would make it really convienient to murder someone you dont like.

    Just shoot whomever and put one of your possesions in their hand and say it was a legal shoot.


    ...

    Reguarding the article, I can understand why the guy did what he did...but if he did it in america he'd be going to jail too.

    You cant chase someone down the street and hit them in the head with a bat.

    Now...had he chosen to chase them and tackle one to the ground using necessary force to restrain...maybe he wouldnt have gone to jail.
     
  15. Glock20 10mm

    Glock20 10mm Use Linux!

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    Irony would be to move him to Germany. :whistling:
     
  16. snair

    snair

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    i dont like thieves. i bet if thieves were shot or beat for stealing there would be less of them.
     
  17. mitchshrader

    mitchshrader Deceased

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    If he'd been properly armed the thief would have expired on the doorstep. I'm sorry to hear that other criminals don't get the benefit of that vocational guidance.
     
  18. jp3975

    jp3975

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    I agree with you...but they should be shot or beaten by authorities lest we have a lot of murders with convienient excuses.

    I remember when I was 14 I had a church get together at my house and this guy showed up whom I didnt like and he stole a butterfly knife from my room.

    He was stupid and bragged to a lot of people otherwise I wouldnt have found out.

    For a good week I told everyone what I was going to do to him and actively looked for him. I told people i was going to beat the hell out of him and stomp his balls untill he didnt have any. i was serious too. Wasnt the knife that meant anything...it was the fact that i let him in my house and he took something.

    He hid out for months and i never saw him in church again. He was so scared after hearing what i said he gave the knife to the youth director who gave it back to me.

    I cooled down after a few weeks and didnt want to hurt him anymore.

    Years later i worked with his wife whom he beat. I eventually talked her into leaving put her and her son on a plane to Los Vegas where her folks live and he hasnt seen them since. He wanted to hurt me for a while for that...lol

    He still has her car though. tried to find it for her but he hid it pretty well.
     
  19. Retseh

    Retseh

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    Try chasing a burglar down in the US and then blowing his brains out as he's lying in the street.

    See how that works out for you.
     
  20. security79

    security79 Gene Frenkle

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    I'm sure any of us here with a set of cajones and a little love for their family certainly would have done something had their own family been violated.