Who has law protection?
Wednesday 27th January 2010, 7:00AM GMT.
Letter: Last weekend, I was woken at 2am by our dogs who were loudly barking at the back door. I looked out of the bedroom window in time to see an intruder running hell for leather down our drive. Thankfully he didn’t have time to break in because our dogs immediately alerted us, he just left the back gate open.
The next day I developed a case of the “what ifs” and they chilled me to the bone.
What if he did break in and my dogs bit him? Would I end up in jail prosecuted under the Dangerous Dogs Act?
Even though there’s a large “beware of the dogs” notice on the very gate the intruder unbolted, would there be a destruction order placed on my dogs for defending their home?
What if the intruder made a claim against us and we lost everything that took us years to honestly earn?
These scenarios went over and over in my head. Far fetched?
Hardly, when injustices like that of Mr Munir Hussain happen again and again in our courts.
Have we got to take out special insurance in case burglars are hurt when breaking into our homes and attacking our families?
Do we have to muzzle our dogs in case they hinder/bite intruders?
It’s a very sad world when the criminal has more rights than the law-abiding.
Name and address supplied
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Again far to many what if, burglar in your house dogs bite him , I doubt any court would convict just ellect to go to trial.
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Yes, Andrew Finch, I tend to agree, but the other problem is that the typical home owner who elects for trial will have to fork out for all the legal defence costs of a trial, (even if they’re found not guilty), whereas most of the lowlife who burgle and generally make life unpleasant for the rest of us usually have the government’s blessing in the form of generous legal aid showered over them. If legal aid was extended to all people, then I’m sure that we’d see crime drop as affordable recourse to law became more widely available to victims as well as perpetrators.
This is what the government means when it talks about “eradicating poverty” and “making a fairer society” – supporting feckless, feral repeat criminals and using “hard-working families’” money to do so.
I’m not advocating withdrawal of legal aid for the criminal elements, I’m advocating an extension of legal aid to everybody, even the middle-class, home-owning members of society who the government seems to feel should bear the brunt and expense of their failed social experiments.
If you doubt that people are fearful to elect for trial due to potential cost, just look at the surge in “penalty notice” acceptances. And, then, look at the demographic of those who accept them – you’ll find two main groups: a) The generally law abiding who cannot afford to contest the notice and pay up the fixed amount even if they’re innocent and b) The generally law-disregarding who don’t pay the fines anyway because they know that the courts won’t chase them or even punish them if they continually default on payment.
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I was always told that if you put a sign up saying “beware of the dog” you are admitting that you have a dangerous animal and if subsiquently that animal bites someone, intruder or not, you can be held liable.thats why people have signs that say “(Breed of dog) lives here”. However I believe intruders deserve what they get, they should forfit all human rights once they choose to commit an offence against a fellow human.
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I think you’re indulging in tabloid scaremongering. If your dogs had bitten an intruder it would serve him right – I very much doubt if you would be prosecuted unless for example you had deliberately set them upon him, and failed to call them off once the initial purpose of restrining him etc. had taken place.
In the case of Munir Hussain, it was clear that the injuries inflicted on the burglar were well beyond what would have been necessary to restrain him or make him desist – the attack, using weapons, was clearly an act of revenge rather than restraint. ‘Reasonable force’ is what you are allowed to use.
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If a burgular broke into your house and then injured themselves it is unlikely that anything would happen to the owner as long as they made reasonable efforts to stop an intruder getting in in the first place such as closing all the windows locking the doors. as i understand it under occupiers liability, which was not intended to protect burgulars from harm but children, people and businesses were only liable because they did not ensure that their security was adequate such as not repairing a big hole in the fence letting kids onto a building site.
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Don’t you think this guy’s adrenalin would have been running a bit high. If my family had been threatened and tied up I would not be doing breathing exercises or transcendental meditation either. In that situation I think a lot of us would just go plain barmy.
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If you think your dog may bite put a sign saying ….guard dog roaming loose on these premises….
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I’m sick of all this namby pamby ‘but he’s a human being too’ rubbish. If you’ve got a warning up saying you’ve got a dog then a burglar deserves to be bitten and the dog defended for it’s loyalty to it’s master and any law that says otherwise is an ass.
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