john_morris_uk
Well-Known Member
<font class="small">Code:</font><hr /><pre> I hope the case reported in the papers this week,
where the CPS decided not to prosecute the shopkeeper who killed his attacker,
is the start of more to come.
My only fear in this case was the fact that he used the attackers weapon, was the reason the CPS did not prosecute.
What if he had used a knife lying on the counter???
</pre><hr /> I was interested to hear how 'it was the assailants knife' was mentioned as if it had any bearing on the right of the shopkeeper to defend himself. My advice (from our legal department) was that if you can show that you believe your life was in danger, and that you acted 'in self defence' even if you grabbed your own knife (from a kitchen worktop for instance) in the struggle, it would not affect your defence.
What is not permissable is shooting people in their back as they run away - as what happened in the other famous case.
where the CPS decided not to prosecute the shopkeeper who killed his attacker,
is the start of more to come.
My only fear in this case was the fact that he used the attackers weapon, was the reason the CPS did not prosecute.
What if he had used a knife lying on the counter???
</pre><hr /> I was interested to hear how 'it was the assailants knife' was mentioned as if it had any bearing on the right of the shopkeeper to defend himself. My advice (from our legal department) was that if you can show that you believe your life was in danger, and that you acted 'in self defence' even if you grabbed your own knife (from a kitchen worktop for instance) in the struggle, it would not affect your defence.
What is not permissable is shooting people in their back as they run away - as what happened in the other famous case.