Being prepared for a burglar, are you a murderer?

Atlantic Dawn

So just say in your home you have prepared full defensive weapons around the house to make an attempt to on the upper hand respond to anyone who invades your home, would that make you a murderer if you killed them as you preplanned to defend yourself to the death from intruders? I am talking about exclusive contact within the actual home, not the surrounds.

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Atlantic Dawn wrote: »

So just say in your home you have prepared full defensive weapons around the house to make an attempt to on the upper hand respond to anyone who invades your home, would that make you a murderer if you killed them as you preplanned to defend yourself to the death from intruders? I am talking about exclusive contact within the actual home, not the surrounds.

If you beat somebody to death upstairs it's ok because you had no where to go and feared for your life. If you killed them at your back door as they tried to run away or you could leave out the front that could be manslaughter. Just because you have your sports equipment (bats) around the house wouldn't make a difference

con747

I play baseball and hurling in all the rooms in my home:D

No, every home should be prepared for a burglar in one way or another.

You'll be judged on whether you acted reasonably or not.

NaFirinne

Is preparing to be able to defend your home from a would be attacker look upon as premeditated Murder in Ireland or is it just what it is...your preparing to defend your family and home in a worse case scenario.

I have a Staffy that alerts us if anyone comes near the house at night. It simply barks and its quiet effective. That and a house alarm. No harm having a hurl around either just incase.

y0ssar1an22

i dont know what the law is..may parents (my dad really cos mam is unwell) have a golf club and a cricket bat under their bed just in case.

Markcheese

I suppose it's gonna depend on circumstances,
And maybe how you prepared , a golf club under the bed is one thing .... Repeated lboiws from a sword or a specific weapon , especially if the "victim" was trying to get away ... Maybe not ..

Having a legally held fire arm and using isn't necessarily going to end you up in jail , but it's not going to end well for anyone ..

vikings2012

“Criminal Law (Defence and the Dwelling) Act 2011, which removed an obligation on householders to retreat, and allows for the use of reasonable force against intruders”

Have a look at the Nally and Keenan cases. Both men were acquitted of murder.

The Nally case would be more applicable to OP’s question.

TheW1zard

You can beat them to death with the equivalent of what they have. If they have a bat you can go to town with a hurl etc

TheW1zard

TheW1zard wrote: »

You can beat them to death with the equivalent of what they have. If they have a bat you can go to town with a hurl etc

No, you can't. You can use reasonable force in comparison to which you were threatened with to achieve the lawful goal. Once the threat is removed, your done.

However the simple reality is that it will be a jury that decides and there's always a chance of a perverse verdict which will be allowed stand.

TheW1zard

Niner leprauchan wrote: »

No, you can't. You can use reasonable force in comparison to which you were threatened with to achieve the lawful goal. Once the threat is removed, your done.

However the simple reality is that it will be a jury that decides and there's always a chance of a perverse verdict which will be allowed stand.

If the threat dies from a crack to the head, and he had a bat aswell id be ok according to the law

CIARAN_BOYLE

I'll sum up the guidance I consider when it comes to home defense.

First rule: any force needs to be reasonable and proportional
Second rule: you can't chase if the threat retreats
Third rule: if the threat is down you can't put the threat out
Fourth rule: if your protecting people that comes first

Edit: No one wants to be having a conversation with AGS trying to justify hospitalisation or death of an attacker.

Cienciano

TheW1zard wrote: »

You can beat them to death with the equivalent of what they have. If they have a bat you can go to town with a hurl etc

Basically, "i hit him 5 times and he was still coming right at me".

Thoie

CIARAN_BOYLE wrote: »

I'll sum up the guidance I consider when it comes to home defense.

First rule: any force needs to be reasonable and proportional
Second rule: you can't chase if the threat retreats
Third rule: if the threat is down you can't put the threat out
Fourth rule: if your protecting people that comes first

Edit: No one wants to be having a conversation with AGS trying to justify hospitalisation or death of an attacker.

If, by some miracle, I managed to get the threat "down", can I tie him up until the gardaí arrive? The likelihood is that if, by some fluke, I managed to incapacitate a burglar, I wouldn't be able for any more than that, and if he got to his feet again I'd be done for, so tying him up would be safest for me.

Pkiernan

Thoie wrote: »

If, by some miracle, I managed to get the threat "down", can I tie him up until the gardaí arrive? The likelihood is that if, by some fluke, I managed to incapacitate a burglar, I wouldn't be able for any more than that, and if he got to his feet again I'd be done for, so tying him up would be safest for me.

Tie him up, then put makeup on him, take photos and put on Instagram.

This is just as likely as the original scenario.

Mod
Pls be helpful and realistic here

Samuel T. Cogley

DPP have failed to prosecute in one case where an 'intruder' as stabbed to death. As an aside the curtilage is covered in the legislation.

Johnthemanager

I woke one night and heard a noise from the front room downstairs, the missus used to have them bloody wind chimes inside the window.

Went into the room and the curtains were closed but the shape of what looked like the top of someone's body coming in the window.

5 or 6 swings of a bat later, the shape disappeared, so I put it down to a draught. But by time I got out the front door, the wind was running through the estate. No problems with draughts since.