How far is too far in self defense!

Ten years ago Tony Martin, the Norfolk farmer who shot and killed a teenage burglar was sentenced for life but released after five years. Many people were outraged that Martin was imprisoned for protecting his property, his sentence was considered disproportionate and seen as a lesson for everyone wanting to become a vigilante. There were also those who felt his release five years later was unjust.

A few weeks ago the same debate began once more with the imprisonment of two brothers Munir 53 and Tokeer 35 Hussain. Munir and his family were tied up by burglars and threatened at knife-point; the brothers somehow managed to free themselves chase after the burglars and catch one of them. They then beat the intruder with a cricket bat breaking it into three pieces and leaving him permanently brain-damaged. They were charged with causing grievous bodily harm with intent. The court determined they used unreasonable force, and sentenced Munir to 30 month in prison and his brother Tokeer to 39 month in prison.

Their sentences caused public outcry; and similar to the case of Tony Martin, some felt the sentences were not harsh enough for the crime while others argued that they were two innocent men imprisoned unjustly for protecting their family.
This week the Court of Appeal suspended Munir’s sentence and reduced Tokeer’s to two years. When they were first sentenced, Alan Johnson, the Home Secretary said he was ‘uncomfortable’ with the sentences. Chris Grayling, the Shadow Home Secretary, proposed to change the rules so that anyone “acting reasonably” to stop a crime or apprehend a criminal could not be arrested.

Many people feel that self defense is ‘what it says in the box’ so-to-speak; protecting ones’ family, property and life and in so doing it might cost someone their life or severely harm them. So where do we draw the line? Tony Martin used a shot gun, most bullets are fatal, and it was in his case. But the Hussain brothers broke a cricket bat in three pieces – the intruder is alive but just.

It is very easy to judge looking from the outside in, and it is even easier to manipulate the law to justify or condemn an act once its done. But it is never easy to truly know how someone feels when their nearest and dearest is being assaulted or when their home is being violated. The line between self defense and criminal offense is very thin, so how do we know when we crossed that line?