Justice?

[REDY]

Where?

Jail for ‘courageous’ Munir Hussain who beat intruder with cricket bat
A businessman who fought off knife-wielding thugs after his family were threatened has been jailed for 30 months.

The case prompted renewed debate over the level of force that house-holders can use against raiders.

Munir Hussain, chairman of the Asian Business Council, was praised by a judge for his “courage” in defending his wife and three children from an attack — but then jailed for the violence of his response. One of his attackers was spared a jail sentence.

The incident occurred when the Hussain family returned from their mosque during Ramadan to find three intruders wearing balaclavas in their home. Hussain was told that he would be killed. His family’s hands were tied behind their backs and they were forced to crawl from room to room.Hussain, 53, made an escape after throwing a coffee table and enlisted his brother Tokeer, 35, in chasing the offenders down the street in High Wycombe, Buckinghamshire, bringing one of them to the ground.

What followed was described in Reading Crown Court as self-defence that went too far. Walid Salem, one of the intruders, suffered a permanent brain injury after he was struck with a cricket bat so hard that it broke into three pieces. Neighbours saw several men beating Salem with weapons, including a metal pole.

Munir Hussain is said to feel that he let down his wife, Shaheen Begum, sons Awais, 21, Samad, 15, and 18-year-old daughter Arooj, by failing to defend them against Salem and his gang. Mrs Begum had told the court that she feared the raiders had killed her youngest son. She said: “They were hitting my husband. When I asked them to stop or looked up they started hitting him again. They told us to lie face down and not speak, or they would kill us. It was very terrifying.”

Salem was the only intruder caught after the incident in September last year, but his injuries meant that he was not fit to plead after being charged with false imprisonment. Salem, who has 50 past convictions, was given a two-year supervision order in September this year. He is now in custody awaiting trial for an alleged credit card fraud.

Munir and Tokeer Hussain, described as family men at the heart of the local community, were found guilty of causing grievous bodily harm with intent this year. The prosecution alleged that two other men also took part in the “revenge attack”. Judge John Reddihough gave a 30-month sentence to Munir and jailed Tokeer for 39 months.

Munir Hussain, who trained as an engineer, came to Britain in 1964 and founded a company that employs nine people and with a turnover of £2.4 million. He is a former chairman of the Wycombe Race Equality Council.

Judge Reddihough said that Hussain’s family had been subject to a “serious and wicked offence” and praised the bravery of his teenage son, who escaped to raise the alarm. He also noted the “courage” of Munir Hussain, but said that he carried out a “dreadful, violent attack” on Salem as he lay defenceless.

The judge told them: “If persons were permitted to take the law into their own hands and inflict their own instant and violent punishment on an apprehended offender rather than letting justice take its course, then the rule of law and our system of criminal justice, which are the hallmarks of a civilised society, would collapse.” Michael Wolkind, QC, defending Munir Hussain, promised to appeal.

He said that the case had similarities to that of Tony Martin, jailed in 2000 for shooting dead a teenage burglar. Martin’s murder conviction was reduced on appeal to manslaughter and his sentence to five years. In a statement, the family said: “We are devastated. We hope that justice will be served.”

http://www.timesonline.co.uk/tol/news/uk/crime/article6956044.ece

 

[RedRalph]

Judges tend to be scum.

 

[azzaman333]

Everybody loses, how fantastic!

 

[Quackers]

If this was in USA you could of blown his head off no questions asked. But in the UK you can't even protect your home and property.

 

[warpus]

What followed was described in Reading Crown Court as self-defence that went too far. Walid Salem, one of the intruders, suffered a permanent brain injury after he was struck with a cricket bat so hard that it broke into three pieces. Neighbours saw several men beating Salem with weapons, including a metal pole.

Self defense is justified, but attempting to beat someone to death is a crime, no matter what. (Well, okay, say it was a cyborg and it continued to crawl after you after you blew it up, you could try to beat it to death then)

 

[Terxpahseyton]

Self defense is justified, but attempting to beat someone to death is a crime, no matter what.

This
The judge is totally right and did a fine job. Law does not suspend because you can appreciate a crime. It's called objectivity. A quit important quality for a judge you know.

But of course this is not ideal. The legal system never will be.

 

[JollyRoger]

Only 30 months for that? Pretty soft on crime.

 

[GinandTonic]

Much as the now-vegetable was a scumbag if you chase a guy down the street it is clearly not self-defence or defence of your family or property. Beating the guy with a cricket bat so hard in breaks into three is clearly seriously in excess of reasonable force for a citizens arrest. Chase the guy down the street and there is no heat of the moment or temp insanity defence.

The case is a watertight attempted murder charge. The only way this guy can get off is if the CPS decide it is not in the public interest to pursue him or some kind of pardon.

I wonder if the judge had the leeway to impose a longer, but suspended sentence. Lots of parole, fine, community work etc. It doesnt really seem this guy is a danger to the general public or that locking him up is for any reason beyond the example.

 

[Shadylookin]

I think breaking into someone's home is pretty much an unwritten agreement that the homeowner can do as he pleases to you until he's too tired to continue beating you.

 

[Godwynn]

If this was in USA you could of blown his head off no questions asked.

Not in Illinois.

 

[Leonel]

It's the UK, what did you expect?

 

[Lillefix]

I don't see any problem.

 

[Kerozine]

What followed was described in Reading Crown Court as self-defence that went too far. Walid Salem, one of the intruders, suffered a permanent brain injury after he was struck with a cricket bat so hard that it broke into three pieces. Neighbours saw several men beating Salem with weapons, including a metal pole.

Tough case. Seems fair considering what transpired..

 

[aelf]

I think breaking into someone's home is pretty much an unwritten agreement that the homeowner can do as he pleases to you until he's too tired to continue beating you.

Next someone would buy up your home and beat you to death for refusing to vacate the same minute.

 

[nonconformist]

Guys, he wasn't imprisoned cos he defended his hoime; he was imprisoned cos what he did was essentially an act of revenge.
The fact he followed the guy, and battered him as he was on the floor, means he was lucky to receive 30 months.

 

[Garonius]

Too right too when people start standing up to me when I have a knife and a hoody the next option is to get a job and stop signing on and who wants that?

 

[Quackers]

Not in Illinois.

I know it sucks, Godwynn. You should move to Texas you would be fine.

 

[Leonel]

Guys, he wasn't imprisoned cos he defended his hoime; he was imprisoned cos what he did was essentially an act of revenge.
The fact he followed the guy, and battered him as he was on the floor, means he was lucky to receive 30 months.

How could they be so sure he was docile enough to keep on the ground? Perhaps if he managed to wrestle himself free, he might have had a gun he would pull out. Would you be able to think rationally in a high alert level with adrenaline rushing through your brain, especially for someone not used to adrenaline in their system?

 

[GinandTonic]

Ok, to those who seem to be disputing this judgement -

How long and/ or how far from the scene of a crime does a criminal have to be before it should be illegial to kill them?

If executing a burglar who is several hundred yards from your home and running away is morally correct why not institute a mandatory death penalty for burglary?

If a mandatory death penalty is not justifiable why were Mr Hussain's actions acceptable?

 

[JollyRoger]

I know it sucks, Godwynn. You should move to Texas you would be fine.

Not necessarily:

When Dallas police staged a raid to arrest Mr. Sharpless and search his home Wednesday, his girlfriend shot a police lieutenant as he tried to burst through a bedroom window, police say.

The girlfriend, 19-year-old Marisela Villa, faces a charge of attempted capital murder and was being held Thursday in the Dallas County Jail in lieu of $1 million bail.

. . .

Dallas police said federal officers requested and received what is called a "no-knock" warrant from a judge, authorizing the surprise raid.

http://www.dallasnews.com/sharedcontent/dws/news/localnews/crime/stories/DN-copshot_19met.ART0.West.Edition1.1559445.html