Why can’t we have this here?

Poms are going to be allowed to bash burglars. I think the proposed law change is still too soft:

Home owners who attack burglars will not face arrest or prosecution unless they use “grossly disproportionate” violence, the new Justice Secretary will announce on Tuesday.

The problem I have with that is the “grossly disproportionate”…I think that shouldn’t matter at all. If the burglar brings a bat, and you use a shotgun, that is fair in my book. If he brings a knife to the gun fight, then same deal…too bad Mr Burglar.

Chris Grayling is to change the law “at the first opportunity” to give stronger legal safeguards to those who use force to protect their family or property.

Speaking to The Daily Telegraph on Monday night, Mr Grayling said that he wanted to “finally lay the issue to rest once and for all” following a series of high-profile cases where home owners who have confronted criminals have been arrested. In the future, only those using clearly excessive force, such as stabbing a burglar who was already unconscious, should face the prospect of criminal action, he said.

Mr Grayling, who will address the Conservative Party conference on Tuesday, said that he wanted to bring a “sharper narrative on law and order issues”. His first move would be to change the law to give greater protection to home owners. It currently says only that they are entitled to use “proportionate” force.

Mr Grayling said: “The basic premise of the change is to get the law to a position where if you are in your home, and you are confronted by an intruder… then if, in the heat of the moment you use a level of force that in the cold light of day might seem disproportionate, the law will be on your side.”

He added: “You need to look at it that way round because it’s very much about the juxtaposition of the heat of the moment and if you act in a disproportionate way in the heat of the moment, the law will be on your side.

I think a shotgun response to a burglar is appropriate…it maybe disproportionate if you use solids…but that would depend on circumstances…if the burglar was hiding behind a wall or door then solids would be a proportionate response.

It would a lot simpler if it was just be a “stand your ground” law makes it a lot easier if some bad bastard comes into your property you can tell him to piss off, then shoot him if he doesn’t.

  • 2ndAmendment

    Full Castle Doctrine – aka Emery doctrine. No need for signs or warming. On you property, trying to gain entry, attacking or defacing or approaching with reasonable suspicion – shoot ‘em..

  • http://www.whaleoil.co.nz Whaleoil

    Maybe we need to revisit the burglar load posts.

  • Tristanb

    I would think that “grossly disproportionate” would been shooting them, then tying them up and torturing them. Which is fair enough – normal people don’t really want that.

    Who knows how the judges would interpret it though.

  • grumpy
  • Muzza

    “it maybe disproportionate if you use solids…but that would depend on circumstances”
    Thank you for today’s first LOL moment, shame I was drinking coffee at the time

  • parorchestia

    Provided the occupier gives fair warning any force should be considered reasonable, including firearms.

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