English judge gets it right!

There was a quote about this story somewhere that was along the lines of "the intruder should lose all his rights once he has entered someone else's property illegaly." I agree with this completely. Thanks for the link, Don1.

Full story:

who shot burglar backed by judge
By Ben Fenton
(Filed: 26/10/2004)

A 73-year-old farmer who shot a burglar after being broken into three times "could not be criticised" for the way he defended his property, a judge said yesterday.


Farmer Kenneth Faulkner leaving court
The case, less than a week after the alleged murder of a 45-year-old west London teacher by a burglar, seems certain to revive debate about how much force home owners can use to defend themselves and their property.

Judge Andrew Hamilton, sentencing the burglar to seven years in jail for a string of similar crimes, said it was "a pity" that prosecutors had even thought of bringing charges of assault against the farmer, Kenneth Faulkner.

The case has echoes of the conviction for murder of Tony Martin, a Norfolk farmer, after he shot dead a burglar at his farmhouse in 1999. The Court of Appeal ruled that Martin had used unreasonable force but reduced his conviction to manslaughter on the grounds of diminished responsibility after he had suffered numerous burglaries.

Malcolm Starr, a businessman and spokesman for Martin, who was freed last year, said last night: "At last a judge has taken a sensible position in a case of this nature. Unfortunately no political party seems to want to listen to the public on the subject of law and order."

The Sunday Telegraph began a campaign at the weekend to give householders stronger and clearer powers of self-defence on their own property.

David Davis, the shadow home secretary, supported the campaign, saying: "The law needs considerably more clarification and should be re-balanced in favour of householders and against criminals."

Mr Faulkner, who has lived alone at isolated Keys Farm, at Ockbrook, Derbyshire, since the death of his wife two years ago, was first burgled by three men in July.

During the raid they broke into a gun cabinet and took five shotguns, a longbow, arrows, a crossbow and bolts.

Then one of the gang, 22-year-old John Rae, returned alone in August and stole a mechanical digger. When he went back the next day, Mr Faulkner confronted him and fired his shotgun, hitting Rae's leg with pellets.

After hearing that the Crown Prosecution Service had only recently told the farmer that he would not face charges, Judge Hamilton told Rae at Derby Crown Court: "Mr Faulkner believed he was being targeted - and he was entirely right.

"He wrongly believed the burglars had come back armed with those guns that had been stolen. Very sensibly he took out his shotgun.

"Nobody could criticise him for what he did. For him it has been a most harassing and terrible incident.

"It is only a pity that charges were considered against him. Sensibly, the decision was made - which I entirely agree with - that the matter would not be pursued."

Michael Auty, prosecuting, said the "primary reason" that the CPS decided not to charge Mr Faulkner was that Rae had been left with only pellet wounds in his lower leg.

Rae, of Stanton-by-Dale, Derbyshire, pleaded guilty to three charges of burglary and one of burglary with intent at the farm.

He also admitted seven other offences of burglary, theft and handling and asked for 16 similar offences to be considered.

The court heard that the estimated value of the property taken during all of his crimes amounted to almost £50,000 and that he had caused £7,000 damage.

Avik Mukherjee, defending, admitted that Rae, who had numerous previous convictions, had thrown away a string of chances the courts had given him.

He claimed that Rae had been "manipulated" by his two accomplices, who had not been caught, and said: "His offending has resulted in him being shot.

"If that does not set alarm bells ringing, frankly nothing will. He knows that he will be made a long-term prisoner - and he deserves it."

A member of Rae's family, who asked not to be named, said the case had sent out "the wrong message" and asked: "Are they saying we can all shoot burglars?"

23 August 1999: Farmer held after man is shot dead



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