The Down Range Forum
Member Section => Down Range Cafe => Topic started by: PegLeg45 on September 26, 2012, 10:41:08 PM
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Talk about a conflict.
The judge makes sense when telling the criminals getting shot in the commission of a crime is justified..... while in a country where the homeowner and his wife were arrested and detained after reporting the defense of themselves (which, apparently, the judge disagrees with...but can't do anything about it?).
Shot burglars told by judge 'that's the chance you take'
TWO burglars who were shot when they broke into a house were told by a judge: "That's the chance you take."
Joshua O’Gorman and Daniel Mansell pleaded for their sentences to be softer because of the shooting - but for the judge rejected their bid and jailed them for four years each.
Judge Michael Pert QC, said: "I make it plain that, in my judgment, being shot is not mitigation."
O’Gorman, 27, and Mansell, 33, were blasted by homeowner Andy Ferrie as they attempted to ransack his isolated farm cottage in the early hours of September 2.
Both men pleaded guilty to the break-in in Welby, near Melton Mowbray, at an earlier hearing.
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Judge Pert said: “If you burgle a house in the country where the householder owns a legally held shotgun, that is the chance you take.
"You cannot come to court and ask for a lighter sentence because of it.”
Leicester Crown Court heard that O'Gorman claimed he was left with blurred vision, severe pain and problems with his balance after being shot and even that he was "traumatised".
But Judge Pert said the arrest of Mr and Mrs Ferrie on suspicion of grievous bodily harm could be considered just as disturbing.
“Some might argue that being arrested and locked up for 40 hours is a trauma,” he said.
Mr Ferrie, 35, and his wife Tracey, 43, were held in custody for nearly two days after Mr Ferrie called police to tell them he fired his shotgun at the intruders.
Their arrests prompted widespread criticism.
The couple were later bailed and told they would not face criminal charges.
Read more: http://www.thesun.co.uk/sol/homepage/news/4558722/Shot-burglars-told-by-judge-thats-the-chance-you-take.html#ixzz27dZvpGlz
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This type of story is in the news all too often... where the homeowner is prosecuted for self-defense. Seems that this particular case turned out better than most. I've often wondered if it would be better for certain things to just get buried at some of those "isolated cottages." I think a new patio or driveway would be nice. ;)
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One thing to note....
If the burglars had been killed, their sentences would have been mitigated :D :D
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Time served? ;D
FQ13
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That's the difference between "subjects" and "citizens", the guy who took a 4 Iron to the burglars who tied up his family didn't get lucky in the presiding judge, he's still in jail.