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Burglary is offence against person as well as property, says senior judge Burglary is offence against person as well as property, says senior judge
(4 days later)
Britain's senior judge has stressed that criminals who break into homes are committing offences against the person as well as offences against property.Britain's senior judge has stressed that criminals who break into homes are committing offences against the person as well as offences against property.
Lord Judge, the lord chief justice, was responding to questions about the case in which two burglars were shot while trying to burgle a farm cottage in Leicestershire. The judge who sentenced them on Wednesday had said that if they choose to raid a home where the householders legally own a gun they should accept the risk of being shot.Lord Judge, the lord chief justice, was responding to questions about the case in which two burglars were shot while trying to burgle a farm cottage in Leicestershire. The judge who sentenced them on Wednesday had said that if they choose to raid a home where the householders legally own a gun they should accept the risk of being shot.
"I take a serious view of burglary of a home," Judge explained. "It's not a matter of being sentimental. When you are at home you want to feel safe. You are entitled to feel safe and secure."I take a serious view of burglary of a home," Judge explained. "It's not a matter of being sentimental. When you are at home you want to feel safe. You are entitled to feel safe and secure.
"Even if you are not at home [when there's break-in], there's a sense of violation and it destroys peace of mind. You have lost something very precious.""Even if you are not at home [when there's break-in], there's a sense of violation and it destroys peace of mind. You have lost something very precious."
Even the monarch is not entitled to enter your home without permission, he added. Householders who defend themselves against burglars should not be expected to exercise "calm cool judgment".Even the monarch is not entitled to enter your home without permission, he added. Householders who defend themselves against burglars should not be expected to exercise "calm cool judgment".
The lord chief justice said: "You are not calmly detached. You are probably very cross and very frightened – a mixture of both … the householder is entitled to use all sorts of reasonable force to get rid of the burglar."The lord chief justice said: "You are not calmly detached. You are probably very cross and very frightened – a mixture of both … the householder is entitled to use all sorts of reasonable force to get rid of the burglar."
His comments followed remarks made by Judge Michael Pert QC as he jailed Joshua O'Gorman and Daniel Mansell for four years at Leicester crown court after they were blasted by Andy Ferrie's shotgun while attempting to burgle his farm cottage in Welby, near Melton Mowbray, in the early hours of 2 September.His comments followed remarks made by Judge Michael Pert QC as he jailed Joshua O'Gorman and Daniel Mansell for four years at Leicester crown court after they were blasted by Andy Ferrie's shotgun while attempting to burgle his farm cottage in Welby, near Melton Mowbray, in the early hours of 2 September.
Rejecting a plea that he take into account the shooting, which injured and allegedly "traumatised" the defendants, the judge said: "That is the chance you take."Rejecting a plea that he take into account the shooting, which injured and allegedly "traumatised" the defendants, the judge said: "That is the chance you take."
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