Derbyshire farmer shoots burglars

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Details are sketchy as they always are in such matters but on the surface it appears there was a break in at the farm about 3pm, another break in around 1:30am the following morning where 2 intruders were shot and one died. Reports suggest the man who died was in the house but unclear on location of second shooting (no suggestion I can find he was legging it across open fields though!).

A key point is the second man shot has been held on suspicion of aggravated burglary meaning he was armed in some way.

 
BBC today 10.00am:

Whaley Bridge: Farmer bailed after burglary shooting death​

A farmer arrested on suspicion of murder and attempted murder over the shooting of two men during a burglary has been bailed.
Derbyshire Police was called to reports of a burglary in Eccles Road, in Whaley Bridge, at 01:20 BST on Wednesday.
Officers found 19-year-old Marcus Smith with fatal gunshot wounds and another teen with a gunshot wound nearby.
The force said the arrested man, in his 50s, had been bailed while investigations continue.
Mr Smith, of Chapel-en-le-Frith, played football for a local team and was a DJ at a pub.
The second man who was shot remains in hospital with injuries not thought to be life-threatening.
Derbyshire Police said other three men arrested in connection with the burglary had also now been bailed as inquiries continue.
They are man in his 30s arrested on suspicion of conspiracy to commit burglary, a man in his 20s arrested on suspicion of aggravated burglary and a man in his late teens held on suspicion of assisting an offender.
Officers are continuing to appeal for witnesses and information.
 
An individual has died from a gunshot and another has been injured. There was an aggravated burglary.

The police are investigating and depending on their findings individuals may or may not be charged with offences. These charges may lead to criminal prosecutions and court proceedings if there is sufficient evidence likely to bring about prosecutions.

That’s pretty much all that any of us not involved can surmise or speculate.

One would like to believe that in this day and age of intense scrutiny the Police will carry out a thorough investigation, follow the evidence and not jump to conclusions.
 
Dilemma…… wait to be attacked and possibly killed. Or shoot and risk prison if wrong. What would you do?
I have lived in a country where there was a very real possibility of this. I slept with a loaded 12 bore next to my bed. Bandits attacked the next door house one night armed with AK47s. The Zambian paramilitaries arrived and gunbattle outside with three dead bandits.

I was going to make my life in Africa, but a few too many incidents like that and knowing others who didn’t fare so well rather changed my mind. I didn’t mind being in the bush with animals that wanted to eat me. But being shot or pangad by an unemployed ANC freedom fighter or bandit would be a bit irritating.
 
Dilemma…… wait to be attacked and possibly killed. Or shoot and risk prison if wrong. What would you do?
this is what iv always thought, are we supposed to wait until we have been stabbed or had a crack round the head with a bat before we can defend ourselves, you dont know who these intruders are, what there on, what there capable or or what lengths they will go to, but what we do know it there upto no good and should not be there, i would not wait im afraid, i find anyone in my house then there getting told off :D id best not say on an open forum what they would get or what id do,
 
Mr Smith, of Chapel-en-le-Frith, played football for a local team and was a DJ at a pub.
I dont give a tinkers, Mr Smith was a thug and a phuukin thief.
Meanwhile far off in the Amazon jungle, a butterfly flaps it's wings...
To the sound of chainsaws.

The joint has obviously been a well known hot spot.

"We had a break-in on Eccles Road but that was 10 years ago now and everyone has alarm systems and video doorbells nowadays."
 
Dilemma…… wait to be attacked and possibly killed. Or shoot and risk prison if wrong. What would you do?
There is no dilemma.

There is no requirement for anyone to "wait to be attacked".

This may help:-

Self defence and the prevention of crime originates from a number of different sources. Defence of the person is governed by the common law. Defence of property however, is governed by the Criminal Damage Act 1971. Arrest and the prevention of crime are governed by the Criminal Law Act 1967.

This guidance is particularly relevant to offences against the person and homicide, and prosecutors should refer to Offences against the Person, incorporating the charging standard, elsewhere in the legal guidance and Homicide, elsewhere in the legal guidance.

In the context of cases involving the use of violence, the guiding principle is the preservation of the Rule of Law and the King's Peace.

However, it is important to ensure that all those acting reasonably and in good faith to defend themselves, their family, their property or in the prevention of crime or the apprehension of offenders are not prosecuted for such action.

The CPS and National Police Chiefs Council (NPCC) have published a joint public statement on the use of force in these circumstance entitled ‘Householders and the use of force against intruders’ (2018). This makes it clear that if householders have done what they honestly and instinctively think is necessary in the heat of the moment, this will be the strongest evidence for them having acted lawfully and in self-defence.

When reviewing cases involving assertions of self-defence or action in the prevention of crime/preservation of property, prosecutors should be aware of the balance to be struck:

  • the public interest in promoting a responsible contribution on the part of citizens in preserving law and order; and
  • in discouraging vigilantism and the use of violence generally.
There is often a degree of sensitivity to be observed in such cases; this is particularly important when the alleged victim of an offence was himself/herself engaged in criminal activity at the relevant time. For instance, a burglar who claims to have been assaulted by the occupier of the premises concerned.
 
The local rumours have been rife, I guess because Rob was well known locally and everyone want to have some info that other people don’t know even if it is 100% lies

The forensic team have been there scouring the farm for 5 days now covering the whole farm so nothing is hidden and he is still on bail

It’s a very sad event and he was very lucky not to have been hurt - it must’ve been terrifying
 
There is no dilemma.

There is no requirement for anyone to "wait to be attacked".

This may help:-

Self defence and the prevention of crime originates from a number of different sources. Defence of the person is governed by the common law. Defence of property however, is governed by the Criminal Damage Act 1971. Arrest and the prevention of crime are governed by the Criminal Law Act 1967.

This guidance is particularly relevant to offences against the person and homicide, and prosecutors should refer to Offences against the Person, incorporating the charging standard, elsewhere in the legal guidance and Homicide, elsewhere in the legal guidance.

In the context of cases involving the use of violence, the guiding principle is the preservation of the Rule of Law and the King's Peace.

However, it is important to ensure that all those acting reasonably and in good faith to defend themselves, their family, their property or in the prevention of crime or the apprehension of offenders are not prosecuted for such action.

The CPS and National Police Chiefs Council (NPCC) have published a joint public statement on the use of force in these circumstance entitled ‘Householders and the use of force against intruders’ (2018). This makes it clear that if householders have done what they honestly and instinctively think is necessary in the heat of the moment, this will be the strongest evidence for them having acted lawfully and in self-defence.

When reviewing cases involving assertions of self-defence or action in the prevention of crime/preservation of property, prosecutors should be aware of the balance to be struck:


  • the public interest in promoting a responsible contribution on the part of citizens in preserving law and order; and
  • in discouraging vigilantism and the use of violence generally.
There is often a degree of sensitivity to be observed in such cases; this is particularly important when the alleged victim of an offence was himself/herself engaged in criminal activity at the relevant time. For instance, a burglar who claims to have been assaulted by the occupier of the premises concerned.
Fine words. Lets see what actually happens. You know as well as we do that the wigs take a very dim view of the hoi polloi using firearms to defend themselves
 
the minute some scrote crosses your boundary into your property uninvited they have lost any rights they may have had in my humble opinion....

i don't know what that persons intent is or what they could do to my children or wife etc ......

lowest of the low and should be treated sentenced accordingly
 
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