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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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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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To: liege

Convicted Felon,
Falls like stone through the heavens
Righteous man now jailed.

That is a haiku - 5,7,5


51 posted on 08/08/2007 1:43:54 PM PDT by Illuminatas (Being conservative means never having to say; "Don't you dare question my patriotism")
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To: LibWhacker

To bad it wasn’t the fifth floor.....


52 posted on 08/08/2007 1:44:58 PM PDT by AngelesCrestHighway
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To: Illuminatas

Nicely done!


53 posted on 08/08/2007 1:50:08 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; Squantos; sit-rep; hiredhand; Eaker

I’m picturing the scene in Braveheart where Longshanks defenestrates his son’s boyfriend. Always liked that one.


54 posted on 08/08/2007 1:51:46 PM PDT by Larry Lucido (Hunter 2008)
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To: LibWhacker
I had no idea what it was, but the police arrived in what seemed to be minutes.

Yet if you call and say there's a burglar in your house, it can be hours until they arrive to jot the fact in their notebooks and forget about it. That was Mr. Martin's problem with his repeated burglaries, and why he finally got so frustrated he decided to just shoot the intruders.

Hint to our UK friends -- if you have a burglar in your house or flat, call the police and tell them you may have just killed a burglar. They'll probably be there before you can hang up.

55 posted on 08/08/2007 1:51:53 PM PDT by antiRepublicrat
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To: 6ppc
Pushing the a$$hole out the window sounds pretty reasonable to me!

But seriously, knowing that self-defense is illegal in the UK, why on earth would the homeowner in this case have piped up and ruined life for himself? After pushing the perp out the window, just quietly close it and say nothing. The perp, if he survives, has learned his lesson.

56 posted on 08/08/2007 1:53:34 PM PDT by BlazingArizona
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To: apro
If the householder chases the intruders as they run off, and the burglar gets injured, the occupant could face charges.

You've got to give em a sportin chance. lol

57 posted on 08/08/2007 1:54:38 PM PDT by Aquamarine
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To: LibWhacker

Look on the bright side. At least the intruder has free health care.


58 posted on 08/08/2007 1:54:49 PM PDT by 4yearlurker (All comments now being monitored by BOR. He's looking out for you!)
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Comment #59 Removed by Moderator

To: WaterLane

He was in the house.


60 posted on 08/08/2007 1:59:19 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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