Skip to comments.Homeowner arrested after burglar falls out of a third floor window
Posted on 08/08/2007 12:51:27 PM PDT by LibWhacker
Last updated at 17:58pm on 8th August 2007 A homeowner has been arrested and quizzed by police after an intruder he confronted during a burglary fell out of a third floor window.
The burglar, 43, was left fighting for his life after he tumbled up to 40 feet when he was disturbed rifling through through the flat.
He is thought to have got up and tried to run off but collapsed on the pavement. Police, who received a 999 call, found him unconscious on the ground outside the smart Victorian appartment block in Chorlton-cum-Hardy, Manchester.
The burglar fell from this third floor window
He was rushed to hospital with life threatening injuires.
Officers arrested the 56-year old occupant of the flat on suspicion of causing grievous bodily harm with intent over the possibility that the intruder was pushed out of the window.
He was later released on bail until November pending further inquiries. If charged and convicted the arrested man could face life imprisonment.
The arrest is expected to fuel arguments about the right of householders to defend themselves against burglars - which has been high on the law and order agenda since farmer Tony Martin was jailed for shooting dead a burglar in 1999.
Greater Manchester Police said the occupant of the apartment was asleep when he woke up at 6,10am on Tuesday to find the intruder in his flat. The pair got embroiled in an argument which spilled over towards the window of the flat.
A neighbour, aged 56, from a nearby property who asked not to be named, said: "I was up at around that time, and I did hear a noise like a window being broken.
"I had no idea what it was, but the police arrived in what seemed to be minutes. The house was taped off and the police were there for the whole day.
"The crime scene investigators were there, which seemed very unsual for an area like this.
"It's very quiet around here. The house where it happened is split into flats and I'm not sure who is living there now but they all seem to be very respectable.
"It's shocking to find out what has happened but then again, people shouldn't break into other people's houses."
Another local said: "If the guy who fell out of the window was breaking into the property then why was the homeowner arrested?"
"I presume we will have to respect the burglar's rights whilst his victim has the nightmare of court hanging over his head. It all seems so unfair."
Following the Tony Martin affair the Crown Prosecution Service and the Association of Chief Police Officers said any householder can use reasonable force to protect themselves or others, or can carry out an arrest to prevent crime.
In a joint statement they said: "You are not expected to make fine judgements over the level of force you use in the heat of the moment.
"So long as you only do what you honestly and instinctively believe is necessary in the heat of the moment, that would be the strongest evidence of you acting lawfully and in self defence. This is still the case if you use something to hand as a weapon.
"As a general rule, the more extreme the circumstances and the fear felt, the more force you can lawfully use in self-defence."
If the householder chases the intruders as they run off, and the burglar gets injured, the occupant could face charges.
The CPS and ACPO statememt added: "This situation is different as you are no longer acting in self-defence and so the same degree of force may not be reasonable.
"However, you are still allowed to use reasonable force to recover your property and make a citizen's arrest.
"You should consider your own safety and, for example, whether the police have been called. A rugby tackle or a single blow would probably be reasonable.
"Acting out of malice and revenge with the intent of inflicting punishment through injury or death would not."
Anyone with any information about the incident is asked to contact West Didsbury CID on 0161 856 6152 or Crimestoppers, anonymously, on 0800 555 111.
I must agree here. Smart apartment.
Another reason the British people are a shadow of their former selves.
If the perp is thrown out of the window as a result of a tackle, the homeowner wouldn’t be at fault. (Oh yeah, this is the nanny state Britain, not the US).
"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus
Instead of defenestrated, he should have been penetrated.......
Humpty-Dumpty had a great fall,
Which more than made up for a lousy summer.
Chorlton-cum-Hardy, Manchester.......Heh, heh, heh.........
Maybe this was a “smart” address when it was built, but it looks rather seedy to me.
I’ll bet you have a haiku lurking in there as well...
No, sorry. That’s the extent of my poetic talent! :-)
I was getting concerned until I read that. Then the thought "Oh, in England" washed over me and the world looked like it should once more.
England has moved a lot farther toward socialist totalitarianism than we have, so I’m not surprised that the homeowner was arrested. They might just as well pass a law that allows all downtrodden, poor, victim, have-nots to take whatever they bloody-well please from property owners.
No doubt Sir Winston Churchill roils in his grave.
Now THERE'S logic for you?
Bringing us to shoot, shovel, and shut up.
After all, presumably no thief actually tells someone, “I’m off to go rob 1234 Oak Street Apt B today.”