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Right to defend your home

  • 11-11-2005 10:23pm
    #1
    Closed Accounts Posts: 2,349 ✭✭✭


    Sorry if this thread has been posted already, lack of search engine and such...

    Do you believe that you have the right to defend your home from an intruder? This is obviously in relation to the Padraic Nally case (http://www.rte.ie/news/2005/0720/wardj.html), I do not believe that anyone should be in jail for defending their home from an intruder, regardless of the consequences for the intruder.

    To be honest I don't know anything about this particular case but I once heard that a criminal sued a woman because he fell through a glass thing on her roof while trying to break in, and he won the case. What a bollox.


Comments

  • Registered Users, Registered Users 2 Posts: 12,564 ✭✭✭✭whiskeyman


    grasshopa wrote:
    Sorry if this thread has been posted already, lack of search engine and such...

    Do you believe that you have the right to defend your home from an intruder? This is obviously in relation to the Padraic Nally case (http://www.rte.ie/news/2005/0720/wardj.html), I do not believe that anyone should be in jail for defending their home from an intruder, regardless of the consequences for the intruder.

    To be honest I don't know anything about this particular case but I once heard that a criminal sued a woman because he fell through a glass thing on her roof while trying to break in, and he won the case. What a bollox.
    Right to defend your home is one thing... to beat an intruder....shoot him... go away, reload... then shoot him in the back as he's attempting to leave the scene is another.
    I just dont think that's rightful defence.

    Best you read the full case on this one.. it sure is a right pickle.
    More here btw http://archives.tcm.ie/businesspost/2005/07/24/story6596.asp


  • Closed Accounts Posts: 2,349 ✭✭✭nobodythere


    Aye a google for Padraic Nally turns up very little though... any links?

    I'm not just talking about this case though, if I was i'd put it in politics. How far do you think you should be allowed to go?


  • Closed Accounts Posts: 27,857 ✭✭✭✭Dave!


    Hey, just to let you know, I posted a thread on this in After Hours

    http://www.boards.ie/vbulletin/showthread.php?t=2054848648

    Dunno which forum it should be in, to be honest, but there's 2 pages in that, so there's a bit of discussion going if you wanna have a read.


  • Registered Users, Registered Users 2 Posts: 12,186 ✭✭✭✭Sangre


    grasshopa wrote:
    Sorry if this thread has been posted already, lack of search engine and such...

    Do you believe that you have the right to defend your home from an intruder? This is obviously in relation to the Padraic Nally case (http://www.rte.ie/news/2005/0720/wardj.html), I do not believe that anyone should be in jail for defending their home from an intruder, regardless of the consequences for the intruder.

    To be honest I don't know anything about this particular case but I once heard that a criminal sued a woman because he fell through a glass thing on her roof while trying to break in, and he won the case. What a bollox.
    Im not sure if that is even a real case but it would be laughed out of an Irish court and a similar case has been before.

    You do have the right to defend your person and property or someone elses if they ask. You just can't use unreasonable force.


  • Registered Users, Registered Users 2 Posts: 15,117 ✭✭✭✭MrJoeSoap


    Sangre wrote:
    You do have the right to defend your person and property or someone elses if they ask. You just can't use unreasonable force.

    Thats pretty much it. The question is where the line should be drawn between unreasonable and reasonable force, and in most of these cases it may be an issue of one persons word against anothers. Personally I think favour should always drop on the side of the home-owner.


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  • Closed Accounts Posts: 27,857 ✭✭✭✭Dave!


    But unfortunately the way the law is, the criminal could sue you for cutting his hand on your window when he's breaking in.


  • Registered Users, Registered Users 2 Posts: 12,186 ✭✭✭✭Sangre


    No he couldn't.


  • Closed Accounts Posts: 27,857 ✭✭✭✭Dave!


    Wasn't there a case where someone was climbing along some woman's glass conservatory and he fell through, then sued her for damages?

    If not, then I've been misinformed tbh...


  • Registered Users, Registered Users 2 Posts: 12,186 ✭✭✭✭Sangre


    There certainly wasn't in Ireland.

    Probably an urban legend.


This discussion has been closed.
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