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dreamdancer

Man who stabbed intruder will not face charges

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Peter Flanagan, 59, was arrested on suspicion of murder after he stabbed John Bennell, 27, when he broke into his home on Ethel Avenue, Pendlebury, Salford, last month.

But today the Crown Prosecution Service (CPS) announced that they would not press charges against Mr Flanagan, saying that he had acted in self defence.

Nazir Afzal, the chief prosecutor in the north west, said: “I am satisfied that Peter Flanagan acted in self defence after being woken by noises downstairs in his house shortly before midnight. On investigating the disturbance he was confronted by intruders, one of whom was armed with a machete.

“In a case such as this I have to ask myself whether the use of force was necessary and whether it was reasonable in the circumstances. People are entitled to use reasonable force in self defence to defend themselves, their family and their property.



http://www.telegraph.co.uk/news/uknews/crime/8654644/Man-who-stabbed-intruder-will-not-face-charges.html
stay away from moving propellers - they bite
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His goose would be cooked in CT. He had an obligation to do everything possible to flee the sceen, even if he had to jump out the second story window with his family in tow.
"The restraining order says you're only allowed to touch me in freefall"
=P

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It's a good thing the homeowner didn't shoot the machete-weilding intruder with a gun - then he would have have really been in trouble.



or a flamethrower! - then he'd have really, really, really been in trouble ;)

as it is - he's not...
stay away from moving propellers - they bite
blue skies from thai sky adventures
good solid response-provoking keyboarding

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His goose would be cooked in CT. He had an obligation to do everything possible to flee the sceen, even if he had to jump out the second story window with his family in tow.



In PA it was like that until a few weeks ago, but now we are legally entitled to use
lethal force. We no longer have a duty to retreat both at home and on the street.
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Castle Doctrine. Not a bad law in my book, protects every day citizens from over zelous prosecutors and keeps work away from defense attorneys. Win Win!
"The restraining order says you're only allowed to touch me in freefall"
=P

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Castle Doctrine. Not a bad law in my book, protects every day citizens from over zelous prosecutors and keeps work away from defense attorneys. Win Win!



Yup. In addition, if I shoot an attacker in self defence, his family cant turn around and bring a civil case against me.

No more victimizing law abiding citizens for protecting themselves from criminals.
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Castle Doctrine. Not a bad law in my book, protects every day citizens from over zelous prosecutors and keeps work away from defense attorneys. Win Win!

Fair enough, but police still have to verify the "self defense" story to make sure it checks out. In the town where I live there was recently a case where the homeowner claimed he stabbed an intruder to death during a home invasion. Subsequently it turned out the homeowner was dealing drugs, and had a dispute with a buyer who wanted drugs but didn't have enough money. In the ensuing argument the buyer was stabbed outside the house, and was then dragged into the house and the scene was staged to look like a home invasion. Blood on the sidewalk outside (despite an attempt to hose it off), lack of any blood spatter inside the house, and the fact that there was too little blood in the house (as he was dead and bled out outside before he was dragged in) gave it away.

So, even if you claim "castle doctrine", don't be surprised if the police want to make sure your story is consistent with the evidence at the scene.

Don
_____________________________________
Tolerance is the cost we must pay for our adventure in liberty. (Dworkin, 1996)
“Education is not filling a bucket, but lighting a fire.” (Yeats)

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Hope he didn't spend that month in jail waiting for the decision.:(



I've looked at a number of news reports, and none of them say what his time in jail was, but it seems to be at least several days. The police also arrested his son and his son's girlfriend, who were also in the house at the time. Those two seem to have been released quickly.

The four men in dark clothing, some wearing balaclavas, burst in the back door at midnight, one weilding a machete. He is the one that was stabbed by the homeowner in self defense, and it turns out, he was on parole from a previous burglary arrest. What a surprise...

The three surviving burglars have all been caught and charged.

http://www.telegraph.co.uk/news/uknews/crime/8654644/Man-who-stabbed-intruder-will-not-face-charges.html

http://www.telegraph.co.uk/news/uknews/crime/8594396/Family-arrested-after-burglar-stabbed-to-death.html

http://www.telegraph.co.uk/news/uknews/crime/8596152/Stabbed-burglar-was-on-bail.html

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