Archive for: January 2016

Homeowner Rights Now Include Disarming Burglars With “Disproportionate Force”

A ruling that allows homeowners to disable or attack intruders with ‘disproportionate force’ will not be abused as it would only be valid “under the circumstances”, according to the Supreme Court.

Should an intruder or burglar be found in a home, homeowners will have the right to ‘householder defence.’ The new homeowner right to defend self and property was declared compatible with European human rights laws.

However, the right to do so is only available depending on the circumstances.

The legal landmark case of Denby Collins, an intruder wherein homeowners of a property he trespassed had placed him in a headlock that resulted to his current coma, gave the homeowner’s family the right to self-defence through “disproportionate force.”

Collins’ family took the case against the homeowner, arguing their son’s human rights had been breached. Collins’ right under Article 2(1) of the ECHR. However, the judges rejected the case on grounds that the homeowner’s actions are permitted by Section 76 (5A) of the Criminal Justice and Immigration Act 2008.

President of the Queen’s Bench Division Sir Brian Leveson said:

“In the circumstances I conclude that the criminal law of England and Wales on self defence in householder cases, taken as a whole, fulfils the framework obligation under Article 2(1).

“The headline message is and remains clear: a householder will only be able to avail himself of the defence if the degree of force he used was reasonable in the circumstances as he believed them to be.”

One Arrested During New York Times Square New Year Celebrations

Emanuel Lutchman, suspected by the FBI for a plot to attack a Rochester restaurant, received a charge for supporting the Islamic State group. The 25 year-old man claims he had received his command from a member of IS. The criminal complaint contains his statement along with  charge of attempting to provide material support for the IS.

Lutchman was snuffed out after telling an FBI-commissioned informant that they could plant a bomb inside the establishment, kidnap and kill people. Lutchman’s statement to the informant said:

“I will take a life. I don’t have a problem with that.”

Lutchman said he might use a knife during the attack.

Lutchman has had a criminal history from 2006. He had also been the subject of several state mental hygiene arrests.

Lutchman faces a maximum penalty of 20 years imprisonment and a $250,000 fine for his actions.

Security around the New York Times Square was tighter. The NY security and rapid-response teams spread throughout the city. People attending the New Year Crystal Ball drop in the square were filed and organised into block-length pens encircled by police officers.

Tightened security was also present in London and Munich, the latter cancelling its post-fireworks events after a suicide bombing threat involving five to seven individuals had increased the presence of armed police throughout the city.