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

The Brits have lost it....
They are waaaaay past the tipping point...

Pass the popcorn...

61 posted on 08/08/2007 1:59:50 PM PDT by Wings-n-Wind (The main things are the plain things!)
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To: 4yearlurker
At least the intruder has free health care.

Paid for by all the hardworking homeowners.

62 posted on 08/08/2007 2:00:44 PM PDT by Aquamarine
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To: LibWhacker

He thought he was Superman.
Case closed.


63 posted on 08/08/2007 2:04:21 PM PDT by Stark_GOP
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To: goldstategop
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.

You do in Massachusetts.

64 posted on 08/08/2007 2:06:53 PM PDT by Maceman
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To: liege
"Haiku?"

Gesundheit!

65 posted on 08/08/2007 2:07:58 PM PDT by robertpaulsen
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To: LibWhacker

First they came for their guns.

What’s next? A mandate for softer sidewalk and glass that is not so sharp?


66 posted on 08/08/2007 2:20:21 PM PDT by Mr. Brightside
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To: LibWhacker

he was disturbed rifling through through the flat.


DISTURBED????I think we can figure out who the media favors in this one. Disturbed...a couple of .357 wadcutters would really disturb...now I am disturbed.


67 posted on 08/08/2007 2:21:10 PM PDT by crazyhorse691 (The faithful will keep their heads down, their powder dry and hammer at the enemies flanks.)
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To: Illuminatas
That is a haiku - 5,7,5

Thanks.

68 posted on 08/08/2007 2:22:14 PM PDT by bubbacluck
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To: 1rudeboy

Looks kind of dumpy to me.


69 posted on 08/08/2007 2:22:19 PM PDT by CholeraJoe (WARNING: Dangerous to pregnant women and small children. May burst into flames at any time.)
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To: CholeraJoe

No one is getting my joke. :(


70 posted on 08/08/2007 2:23:09 PM PDT by 1rudeboy
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To: DM1

“Whatever happened to Brits like this [Sir Winston Churchill]”

I’ll tell you. Heroic Britons such as Sir Winston passed on to their well-deserved reward secure in the belief that they had done their duty for a great people.

Their reward included not having to witness this sordid pathetic aftermath. That sad burden is left to the rest of us.


71 posted on 08/08/2007 2:27:24 PM PDT by elcid1970
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To: liege

I have a new plan.
All of my posts to F.R.,
are now in haiku.


72 posted on 08/08/2007 2:30:20 PM PDT by Illuminatas (Being conservative means never having to say; "Don't you dare question my patriotism")
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To: MuttTheHoople

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

This is where we are being led by the feckless do-gooder touchy-feely highly-emotional unthinking handwringing liberal types.


73 posted on 08/08/2007 2:32:09 PM PDT by Joe Bfstplk (What you said is exactly what you intended to say.)
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To: LibWhacker

I can trace my great great grandparents back to England. I am so thankful, they had the timing and good sense to get out while the getting was good.


74 posted on 08/08/2007 2:36:15 PM PDT by Biblebelter
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To: Hoosier-Daddy
There once was a bloke you don't pester
Whose flat was high up in Manchester
A burglar stopped by
Then proved he can't fly
By landing quite hard on his keister.
75 posted on 08/08/2007 2:40:42 PM PDT by robertpaulsen
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To: Illuminatas
I have a new plan. All of my posts to F.R., are now in haiku.

It will make you think

Before you hit the "post" key

When you write haiku

76 posted on 08/08/2007 2:41:40 PM PDT by bubbacluck
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To: Hoosier-Daddy

Thrown out the window
He screams as he is falling
He made a bad choice


77 posted on 08/08/2007 2:45:12 PM PDT by scott7278 ("Before I give you the benefit of my reply, I would like to know what we are talking about.")
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To: Maceman
You do [have to retreat from your home before defending yourself] in Massachusetts.

Well, Massachusetts only momentarily detached itself from The King's Rule back in the day. It's right back to being a monarchy (the Kennedys and the Kerrys), taxing the crap out of anything that doesn't move and confiscating guns... ;-)

78 posted on 08/08/2007 4:55:06 PM PDT by an amused spectator (AGW: If you drag a hundred dollar bill through a research lab, you never know what you'll find)
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To: LibWhacker

I lived in Puerto Rico for several years in the 60’s. One of the guys I worked with had a sixth floor apartment in a high-rise.

reports came that a cat burglar was scaling the exterior walls, entering the apartment from the small balconies on each.

My friend bought a can of axle grease and coated the lip of the balcony.

He came in one morning stating that there was a beautiful set of hand and fingers smears indicating the burglar’s hands slipped from the balcony. He had a polaroid photo.


79 posted on 08/08/2007 5:23:56 PM PDT by elpadre
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To: Aquamarine
"You've got to give em a sportin chance. lol"

LOL!! My statement to the police: "Officer, I was sleeping peacefully when a loud BANG awoke me. I got up and much to my surprise what did I see, there below my third floor window lay a chap. He must have tripped over the cat, going head first over the window still, into my wife's thorny rose garden and petunias."

80 posted on 08/08/2007 7:41:53 PM PDT by apro
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