Yes, I know he was talking about the US Constitution
, but the principle’s the same:
A homeowner who sliced off part of a man's face with a Samurai sword as he fought off an attack on his own doorstep has been spared jail.
No, he’s not a fine, upstanding citizen himself:
Wilson, 36, grabbed an ornamental Samurai sword from his wall to protect himself after his ex-girlfriend called to say her jealous new boyfriend Craig Ogilvie was coming to assault him.
Hull Crown Court heard Mr Ogilvie had been drinking and had become jealous when Wilson had sent his former partner a text message about their child.
So unlike the homelife of our own dear Queen, eh?
Wilson's barrister John Thackray told the court: "One questions whether the Government's proposed policy of being more flexible would have come into force here.
"But he accepts the way the law stands at the moment."
Well, indeed! Is he not entitled to defend his home?
Even hardened criminals should be, surely? A jury once thought so!
Judge Michael Mettyear said: "At first blush, it is a case where you were out by your house with a Samurai sword and the victim suffered unpleasant injuries as a result.
"If that was just the circumstances, then a substantial sentence would be called for which would involve you going to prison straight away.
"But it is not that straightforward because the victim was there at your home to beat you up."
But still, the CPS decided that this was a case ‘in the public interest’. Why, god only knows:
He said: "You had been notified that he was coming to beat you up, you knew something about him and were frightened of him and you were, to a degree, in a difficult position.
"You going out with a Samurai sword was bound to cause problems and make things worse and it did. "
It only made it ‘worse’ for the aggressor. I can’t see how that’s a bad thing, frankly…
Judge Mettyear said Wilson should have locked the door, secured his home and called the police for help instead of arming himself with the sword.
He said: "Your real criminality is not deliberately inflicting injuries but having put yourself in a position by being outside with a sword in your hand."
Yes, he should have trusted to the police.
After all, when seconds count, they’re only minutes away.
You know what, I'd side with the Judge on this one... up to the point when/if the new boyfriend reached the property before the police.
Just when you think it would help for an ordinary citizen to pass comment upon circumstances which were professionally photoshopped and fined-tuned by lawyers; out pops an amazing pro-police pronouncement from a cretinous Judge, confirming the futility of citizen opinion.
I think the public interest angle lies in reinforcing the fact that it's perfectly ok to defend your own home under certain circumstances and so long as you don't go too far.
The antagonist might have had his nose sliced off but he's still alive and that's an important point, apparently.
I look forward to more of these to add to the list of "Handy Hints and Tips".
Man, who was sober with a child asleep upstairs, does the sensible thing and confronts violent oaf outside of the property. Violent oaf gets hurt, why did this even come before a judge? Now had said violent oaf broken into the house and beaten up Man with child no-longer asleep upstairs, the judge would have had two maybe three jobs. The first the prosecution of the violent oaf and the second the injunction against oaf from going near man's house and the third potential child protection order because the mother of the asleep child has a relationship with a violent oaf.
The judge was simply peeved that he only got the one job out of the incident and not two/three.
Lucky the police were more than minutes away.
He's a brave man http://www.youtube.com/watch?v=_N4hprpRJhM Acheap a cheap Japanese-style sword, made in the mysterious east (China) out of pig iron by people who famously hate the Japanese... What could be better?
From the link given by Hogdayafternoon is another story concerning a weapon.
There are two things to note about the picture: contrary to the Telegraph's assertion, the statue clearly isn't life-size, which is why it looks like it has a nuddy Hobbit sitting on the Duke's flamboyant titfer. Also, he clearly does not have a knife nor anywhere to conceal one.
"Yes, he should have trusted to the police. After all, when seconds count, they’re only minutes away."
More like hours away, if they haven't got anything more important to sort out, like a dog walker forgetting to pick up their dog's mess.
"I look forward to more of these to add to the list of "Handy Hints and Tips"."
"Lucky the police were more than minutes away."
Lucky for him, maybe. Not so lucky for the UK's gene pool...
"Also, he clearly does not have a knife nor anywhere to conceal one."
Yup, I was 'watching' this incident via Twitter as it unfolded, and the disbelief that greeted the police statement was amusing.
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