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Old 11th Mar 2009, 05:58
  #39 (permalink)  
mickjoebill
 
Join Date: Nov 2003
Location: UK/OZ
Posts: 1,889
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justice in the balance

A manslaughter charge used to literally hang in the balance in the uk.
A detective explained to me if you hit a burglar as he was halfway through a window and he falls dead into the room then self defense can be argued,(lawfull killing) but if he fell dead and is found out of the house self defense cannot be argued and a manslaughter charge can be the norm.
But this law was changed in 2005 after a public outcry of the murder of a jewellers wife in her home. And so it came to pass that it is ok to use reasonable force to protect "yourself and your property" even if such force results in hte death of the intruder.
Homeowners can kill burglars in self-defence, Government says - Crime, UK - The Independent

There is far less leeway when one takes action to protect property outside of the home, ie cars or aeroplanes.

If there are no independent witnesses then this tragic case may hinge on the seemingly minor detail of which way the poor chap fell, was he moving toward the aircraft when he fell or was he moving away?

Perhaps pilots as a breed do tend to wait until there is reasonable level of certainty as to the intentions of others rather than to take early avoidance?


mickjoebill
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