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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: 1rudeboy
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.

LOL!! So I take it the inanimate house is smarter then the inanimate crook.

81 posted on 08/08/2007 7:51:49 PM PDT by apro
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To: robertpaulsen

As opposed to myself, you sir, actually have talent!


82 posted on 08/08/2007 8:37:38 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

Yes, you’re supposed to provide tea and a handy carrying sack for any burglar you find redistributing society’s wealth.


83 posted on 08/08/2007 8:45:47 PM PDT by Trailerpark Badass
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To: uksupport1

Calling uksupport1,

Your input is needed!


84 posted on 08/08/2007 9:05:55 PM PDT by Grizzled Bear ("Does not play well with others.")
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To: LibWhacker

“Sir, did you push this man out your window?”

“No, Constable. ‘E’s, uh, ‘e’s restin’.”


85 posted on 08/08/2007 9:10:02 PM PDT by RichInOC ("THIS...IS AN EX-BURGLAR!")
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To: RichInOC

Pinin’ for ’Er Majesty’s Prisons.


86 posted on 08/08/2007 9:12:11 PM PDT by dighton
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To: dighton

“Strangeways, here we come.”


87 posted on 08/08/2007 9:17:12 PM PDT by RichInOC ("...and that was Morrissey and the Smiths, playing 'Burglar in a Coma'.")
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To: LoneRangerMassachusetts

“But England never had a constitutional right to bear arms.”

Well actually they did, laid out in the English Bill of Rights of 1689, capstone of the Glorious Revolution. It was just that right which the Americans demamded be set out in their own Bill of Rights.


88 posted on 08/08/2007 9:17:46 PM PDT by headsonpikes (Genocide is the highest sacrament of socialism.)
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To: RichInOC

Strangeways have found us,
Strangeways have tracked us down ...

89 posted on 08/08/2007 9:25:54 PM PDT by dighton
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To: AlexW

Actually saw a bunch of British military families at Seaworld and Disney World last September. They were very nice people.


90 posted on 08/09/2007 6:40:22 AM PDT by MuttTheHoople
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To: LibWhacker

Who says the guy was thrown out? He probably slipped. Nasty accident, that.


91 posted on 08/09/2007 6:50:08 AM PDT by poindexter
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To: Grizzled Bear

Hi mate,

This is another reason why the Daily Mail cannot be trusted. The police arrive on the scene with a bloke knocked-out on the pavement having fallen out of a window. It stands to reason that the homeowner would be brought in for questioning about what exactly had happened. What if the man hadn’t been a burglar and the homeowner was making it up? What if the man had been a relative and a disagreement had occurred? What if the burglar had been restrained and the homeowner had then taken vigilante action on the burglar and hurled him out of the window when he was already caught?

The key point in the article is that the homeownwer has NOT been charged with anything. Therefore, where is the story in this?

Such articles do not paint a true picture of law and order in the UK. I remember people on this website predicting that John Smeaton, the baggage handler who gave an attempted suicide bomber a good kicking in the UK would be arrested. Instead, he’s being honoured for his bravery. I implore people not to use notoriously biased, unreliable newspapers like the Daily Mail as a proper source on life in the UK.

Cheers


92 posted on 08/09/2007 9:17:40 AM PDT by uksupport1
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To: liege; Hoosier-Daddy

A haiku is 17 syllables in three lines- 5,7,5.

Traditionally, the first two lines are observations, and the third line universalizes the observation. Like this:

Burglar in Manchester
Crumpled on lawn by owner
then owner crumpled


93 posted on 08/09/2007 10:28:07 AM PDT by oblomov
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To: uksupport1

I implore people not to use notoriously biased, unreliable newspapers like the Daily Mail as a proper source on life in the UK.


You mean to say that your media distorts the truth? I’m Shocked, Shocked I tell ya!

;-)


94 posted on 08/09/2007 5:14:20 PM PDT by Grizzled Bear ("Does not play well with others.")
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