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Homeowner arrested after burglar falls out of a third floor window
Daily Mail ^ | 8/8/07

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.


TOPICS: News/Current Events; United Kingdom
KEYWORDS: arrested; burglar; homeowner; selfdefense; window
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He was lying in wait
To defenestrate.
1 posted on 08/08/2007 12:51:31 PM PDT by LibWhacker
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To: LibWhacker
Police, who received a 999 call, found him unconscious on the ground outside the smart Victorian appartment block in Chorlton-cum-Hardy, Manchester.

I must agree here. Smart apartment.

2 posted on 08/08/2007 12:52:50 PM PDT by 1rudeboy
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To: LibWhacker

Another reason the British people are a shadow of their former selves.


3 posted on 08/08/2007 12:53:41 PM PDT by MuttTheHoople
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To: LibWhacker

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).


4 posted on 08/08/2007 12:54:07 PM PDT by Thunder90
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To: LibWhacker
In the UK, self defense has been outlawed. It doesn't look good for the homeowner. Here in the States, the Castle Doctrine would preclude that from happening, since you have no duty to retreat from your home before defending yourself.

"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

5 posted on 08/08/2007 12:55:35 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: LibWhacker

Instead of defenestrated, he should have been penetrated.......


6 posted on 08/08/2007 12:55:41 PM PDT by Red Badger (All I know about Minnesota, I learned from Garrison Keilor.............)
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To: LibWhacker

Humpty-Dumpty had a great fall,
Which more than made up for a lousy summer.


7 posted on 08/08/2007 12:55:44 PM PDT by Hegemony Cricket (You can take the boy out of the country, but you just can't get the smell off his shoes.)
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To: 1rudeboy

Chorlton-cum-Hardy, Manchester.......Heh, heh, heh.........

8 posted on 08/08/2007 12:57:21 PM PDT by Red Badger (All I know about Minnesota, I learned from Garrison Keilor.............)
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To: LibWhacker
How in the world can they have an army when the citizens are neutered? The pool gets pretty shallow to chose from.
9 posted on 08/08/2007 12:57:36 PM PDT by beltfed308 (Rudy: When you absolutely,positively need a liberal for President.)
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To: LibWhacker
He was lying in wait To defenestrate.

LOL
10 posted on 08/08/2007 12:58:03 PM PDT by kinoxi
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To: MuttTheHoople
This is pitiful.
11 posted on 08/08/2007 12:59:02 PM PDT by Eric in the Ozarks (BTUs are my Beat.)
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To: 1rudeboy

Maybe this was a “smart” address when it was built, but it looks rather seedy to me.


12 posted on 08/08/2007 1:00:22 PM PDT by kalee (The offenses we give, we write in the dust; Those we take, we write in marble. JHuett)
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To: LibWhacker

I’ll bet you have a haiku lurking in there as well...


13 posted on 08/08/2007 1:01:26 PM PDT by Hoosier-Daddy ("It does no good to be a super power if you have to worry what the neighbors think." BuffaloJack)
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To: Hoosier-Daddy

No, sorry. That’s the extent of my poetic talent! :-)


14 posted on 08/08/2007 1:03:13 PM PDT by LibWhacker
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To: LibWhacker
The perp was looking for valuable gems and artwork, I presume.
15 posted on 08/08/2007 1:03:19 PM PDT by gathersnomoss (If General Patton was alive, he would slap many faces!!)
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To: LibWhacker
Greater Manchester Police

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.

16 posted on 08/08/2007 1:04:39 PM PDT by DanielLongo (Don't tread on me)
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To: LibWhacker

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.


17 posted on 08/08/2007 1:05:15 PM PDT by Leftism is Mentally Deranged
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To: MuttTheHoople

No doubt Sir Winston Churchill roils in his grave.


18 posted on 08/08/2007 1:05:16 PM PDT by MeanWestTexan (Kol Hakavod Fred Thompson)
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To: LibWhacker
If the householder chases the intruders as they run off, and the burglar gets injured, the occupant could face charges.

Now THERE'S logic for you?

19 posted on 08/08/2007 1:06:15 PM PDT by apro
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To: Leftism is Mentally Deranged

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.”


20 posted on 08/08/2007 1:06:31 PM PDT by MeanWestTexan (Kol Hakavod Fred Thompson)
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To: MuttTheHoople
“Another reason the British people are a shadow of their former selves.”

I see a lot of Brit tourist here in Bratislava.
Many are sloven bums that come here only to get drunk.
Other then that, PC is destroying the UK, just as it is the US.

21 posted on 08/08/2007 1:06:53 PM PDT by AlexW (Reporting from Bratislava, Slovakia. Happy not to be back in the USA for now.)
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To: MuttTheHoople
Don’t give up on the all the Brits just yet......My USMC son says the Royal Marines are even tougher than our Marines.......
22 posted on 08/08/2007 1:07:43 PM PDT by Kimmers (Si vis pacem, para bellum)
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To: LibWhacker; Rush Limbaugh

Referring to him as a “homeowner” implicates him as a filthy capitalist who deserves to be in prison. Why should he have when others do not?


23 posted on 08/08/2007 1:08:31 PM PDT by Cinnamon Girl (OMGIIHIHOIIC ping list)
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To: Kimmers
Seems lots of things are falling out of windows lately. Here is news from another thread.

Crocodile falls 12 floors in escape bid (Khenar, this is his 3rd attempt to escape)

24 posted on 08/08/2007 1:09:07 PM PDT by mware (By all that you hold dear..on this good earth... I bid you stand! Men of the West!)
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To: Leftism is Mentally Deranged

It will be interesting to see how long it takes for the Britons to revolt against this utter idiocy ... if they ever find the intestinal fortitude ... we here in the US should watch with great interest how it plays out cause the way it’s going ... we are just a few steps behind them


25 posted on 08/08/2007 1:10:41 PM PDT by clamper1797 (Fred Thompson and Duncan Hunter in 2008 ... in either order)
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To: LibWhacker
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."

Very illustrative of the situation in Great Britain these days.....

26 posted on 08/08/2007 1:11:53 PM PDT by Rummyfan (Iraq: it's not about Iraq anymore, it's about the USA!)
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To: LibWhacker
whatEver happened to Brits like this:
27 posted on 08/08/2007 1:12:05 PM PDT by DM1
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To: LibWhacker

Intruder
Ejected in graceful arc
to ground
Intrudee
hosed

Is this a haiku?


28 posted on 08/08/2007 1:13:14 PM PDT by liege
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To: LibWhacker
Madness.

There will come a time when the good people of Britain will have had enough of this PC nonsense and the result will be ugly. Why can't their leadership see the freight train coming?

29 posted on 08/08/2007 1:13:45 PM PDT by AngryJawa ({IDPA, NRA} GO HUNTER '08)
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To: LibWhacker

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.

And I thought WE had it all wrong! Long ago, I thought it might be fun to visit the UK. Now, I can hardly stand to hear about it. The insanity over there is gatting harder and harder to believe.


30 posted on 08/08/2007 1:14:36 PM PDT by Califreak (Go Hunter!)
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To: Hoosier-Daddy

So many file drawers.
What treasures lie there within?
Oof! The grass is firm!


31 posted on 08/08/2007 1:14:56 PM PDT by coloradan (Failing to protect the liberties of your enemies establishes precedents that will reach to yourself.)
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To: Red Badger
Chorlton-cum-Hardy, Manchester.......Heh, heh, heh.........

LOL, you sicko. Google "Khum Dhan" and watch the video. Funniest I've seen in a long time!

32 posted on 08/08/2007 1:15:52 PM PDT by BearCub
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To: LibWhacker

The purpose of the Second Amendment is is not only to protect one from burglars like this but also from the government that would arrest you for defending yourself.

But England never had a constitutional right to bear arms.


33 posted on 08/08/2007 1:16:33 PM PDT by LoneRangerMassachusetts (The only good Mullah is a dead Mullah. The only good Mosque is the one that used to be there.)
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To: Red Badger

Awsome!


34 posted on 08/08/2007 1:16:35 PM PDT by bigjoesaddle ("What we are making is a socialist utopia" - Jim Jones)
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To: coloradan

Hehe! Thanks! I’ve been working on one myself!


35 posted on 08/08/2007 1:18:32 PM PDT by Hoosier-Daddy ("It does no good to be a super power if you have to worry what the neighbors think." BuffaloJack)
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To: DanielLongo
Homeowner shoots 'ninja' who attacked wife
36 posted on 08/08/2007 1:18:48 PM PDT by apro
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To: liege
Tally ho fellow loyal subject...and

watch that first step

It's a bitch

37 posted on 08/08/2007 1:19:05 PM PDT by battlegearboat
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To: goldstategop

You’d think that the Brits would have gotten a clue from how many copies of “Harry Potter and the Order of the Phoenix” were sold. Britain is firmly in the hands of Professor Umbridge and her minions, it would appear.


38 posted on 08/08/2007 1:19:10 PM PDT by mvpel (Michael Pelletier)
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Comment #39 Removed by Moderator

To: Eric in the Ozarks

Disgraceful!


40 posted on 08/08/2007 1:20:33 PM PDT by stephenjohnbanker ( Hunter/Thompson/Thompson/Hunter in 08! "Read my lips....No new RINO's" !!)
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To: LibWhacker
Mr Walsh was later released on bail until November. If charged and convicted he could face a life sentence.

I can understand where police would investigate someone shooting a burglar - to be sure it really was a burglar, but when a fleeing burglar hurts himself? It seems Merry Old England has gone from "A man's home is his castle" to A man's home is everyone else's castle.
How did this happen?

41 posted on 08/08/2007 1:21:23 PM PDT by R. Scott (Humanity i love you because when you're hard up you pawn your Intelligence to buy a drink)
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To: Leftism is Mentally Deranged

I only have fast lead available here as they should there. Sad to here of such a great country going down the tubes but it’s not an ancestral home for nothing.


42 posted on 08/08/2007 1:21:24 PM PDT by mcshot ("Bad Wood! Bad wood needs to be replaced with good wood" Arachnophobia)
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To: LibWhacker

I guess the “defense of the realm” is no longer allowed in the UK :-(


43 posted on 08/08/2007 1:22:04 PM PDT by Trajan88 (www.bullittclub.com)
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To: LibWhacker

Why do we align ourselves with these creatures again?


44 posted on 08/08/2007 1:23:23 PM PDT by Porterville (I'm an American. If you hate Americans, I hope our enemies destroy you. I will pray for my soul.)
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To: Leftism is Mentally Deranged
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.

And outlaw all door locks ...

45 posted on 08/08/2007 1:24:33 PM PDT by R. Scott (Humanity i love you because when you're hard up you pawn your Intelligence to buy a drink)
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To: Hoosier-Daddy

Manchester Burglar
Summer sounds of breaking glass
Lands flat on his a$$


46 posted on 08/08/2007 1:27:14 PM PDT by Hoosier-Daddy ("It does no good to be a super power if you have to worry what the neighbors think." BuffaloJack)
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To: LibWhacker
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."

At least one sensible person lives in the neighborhood.

47 posted on 08/08/2007 1:33:13 PM PDT by Logophile
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To: LibWhacker

UK is such a disgrace. I believe this feminization is deliberate.


48 posted on 08/08/2007 1:33:42 PM PDT by pacelvi (Islam is the acid that will dissolve the nation-state and led to the total breakdown of civilization)
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To: WaterLane

Are you aware of the case in the UK where in a rural area a homeowner shot a burglar (with a shotgun I think), and the homeowner was arrested and imprisoned for years?


49 posted on 08/08/2007 1:35:20 PM PDT by pacelvi (Islam is the acid that will dissolve the nation-state and led to the total breakdown of civilization)
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To: LibWhacker
Association of Chief Police Officers said any householder can use reasonable force to protect themselves or others

Pushing the a$$hole out the window sounds pretty reasonable to me!

50 posted on 08/08/2007 1:37:03 PM PDT by 6ppc (It's torch and pitchfork time)
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