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| Millionaire who fought off a knife-wielding burglar is jailed; (while the intruder is let off) | |
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| Tweet Topic Started: Dec 28 2009, 04:14 AM (63 Views) | |
| Billposter | Dec 28 2009, 04:14 AM Post #1 |
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Millionaire who fought off a knife-wielding burglar is jailed (while the intruder is let off) http://www.dailymail.co.uk/news/article-1235782/Millionaire-Munir-Hussain-fought-knife-wielding-burglar-jailed-intruder-let-off.html By Colin Fernandez and Ryan Kisiel Last updated at 11:14 AM on 15th December 2009 A millionaire businessman who fought back against a knife-wielding burglar was jailed for two-and-a-half years yesterday. But his attacker has been spared prison. Munir Hussain, 53, and his family were tied up and told to lie on the floor by career criminal Waled Salem, who burst into his home with two other masked men. Mr Hussain escaped and attacked Salem with a metal pole and a cricket bat. But yesterday it was the businessman who was starting a prison sentence for his 'very violent revenge'. Munir Hussain ![]() Munir Hussain, right, with his brother Tokeer, left, outside Reading Crown Court where he was jailed for attacking an intruder who had held his family hostage Jailing him, Judge John Reddihough said some members of the public would think that 56-year-old Salem 'deserved what happened to him' and that Mr Hussain 'should not have been prosecuted'. But had he spared Mr Hussain jail, the judge said, the 'rule of law' would collapse. He said: '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 the criminal justice system take its course, then the rule of law and our system of criminal justice, which are hallmarks of a civilised society, would collapse.' Salem, who has previous convictions, has already been given a non-custodial sentence despite carrying out what the judge called a 'serious and wicked' attack. Mr Hussain's nightmare began on September 3 last year when he, his wife, 18-year-old daughter and two sons aged 18 and 15 returned from their mosque during Ramadan to find three intruders in their home in High Wycombe, Buckinghamshire. The Hussain family home in High Wycombe The Hussain family home in High Wycombe which was invaded by burglars They were tied up and told to get on the floor if they did not want to be killed. One of Mr Hussain's sons managed to escape and alerted Mr Hussain's younger brother Tokeer, 35, who lived a few doors away. Mr Hussain made a break for freedom by throwing a coffee table at his attackers. He and Tokeer chased the gang and brought Salem to the ground in a front garden. Reading Crown Court heard how Mr Hussain and his brother then beat Salem while he lay on the ground, using a cricket bat, a pole and a hockey stick - leaving him with a fractured skull and brain damage following the 'sustained' attack. What is the law on defending your home? If you use force which is 'not excessive' against burglars then the law is on your side. Last year's Criminal Justice and Immigration Bill contained clauses to protect people from prosecution if they act instinctively and out of fear for their safety. Justice Secretary Jack Straw said: 'Law-abiding citizens should not be put off tackling criminals by fear of excessive investigation. 'For a passer-by witnessing a street crime or a householder faced with a burglar, we are reassuring them that if they use force which is not excessive or disproportionate, the law really is behind them.' Salem's condition meant he was unable to enter a plea to false imprisonment. He was given a non-custodial sentence-in October. Salem, of Borehamwood, Hertfordshire, did not give evidence at Mr Hussain's trial. Michael Wolkind, QC, representing Mr Hussain, who runs a soundproofing company, said his client's actions were 'taken in the agony of the moment' and that his 'calm judgment was not available'. 'If there was a call to arms it was down to the extreme moment of stress,' he said. Mr Wolkind said Mr Hussain, a devout Muslim, blamed himself for the attack and felt guilty for not protecting his family properly. 'It will take him a number of years to recover,' he said. The court also heard from psychiatrist Dr Phillip Joseph who said Mr Hussain was a calm person who kept himself in control, but that his body had chosen the 'fight rather than flight' option. During mitigation a number of letters from Daily Mail readers who had supported a campaign against the businessman's conviction were read to the judge. Munir Hussain Tokeer Hussain Jailed: Munir Hussain (left) was sentenced to 30 months and his brother Tokeer (right) received 39 months The court heard that Mr Hussain's wife Shahwen has had a mini stroke since the attack. Judge Reddihough sentenced Munir Hussain to 30 months in jail for grievous bodily harm with intent. Tokeer was given 39 months because the judge said he had not faced as much provocation as his brother. Judge John Reddihough The judge added: 'The prosecution rightly made it plain that there was no allegation against you, Munir Hussain, in respect of the force you used against Salem in defending your own home and family or of the force used by either of you in apprehending Salem. 'However, the attack which then occurred was totally unnecessary and amounted to a very violent revenge attack on a defenceless man. 'It may be that some members of the public or media commentators will assert that Salem deserved what happened to him, and that you should not have been prosecuted and need not be punished. 'The courts must make it clear that such conduct is criminal and unacceptable.' Razi Shah, Mr Hussain's solicitor, said his family were devastated but hoped the conviction could be overturned at appeal. Last night an MP condemned the decision to jail Mr Hussain as 'perverse'. Philip Davies, Tory MP for Shipley, said: 'It's absolutely disgraceful. The public are sick to the back teeth of this kind of decision. 'Whatever the rights and wrongs, the starting point should be that this man's home was violated. He must have been absolutely petrified. 'A person who inflicts this kind of misery is free to go out and do it again somewhere. It's always the same, the real criminals get away scot free.' The 2008 Criminal Justice and Immigration Act sets out the terms on which people might 'use no more force than absolutely necessary' against criminals. Victims or those who intervene to stop a criminal have the backing of the law if they act instinctively, if they fear for their safety and act accordingly, if they act to prevent a criminal escaping, or if their use of force is neither 'excessive nor disproportionate'. Read more: http://www.dailymail.co.uk/news/article-1235782/Millionaire-Munir-Hussain-fought-knife-wielding-burglar-jailed-intruder-let-off.html#ixzz0awtqYCMA |
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| Balwinder | Jan 20 2010, 07:24 PM Post #2 |
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This man's now been released, as I'm sure a good lot of you have already seen. http://business.timesonline.co.uk/tol/business/law/article6994458.ece Just curious about people's views on this. On one side, are a lot of voices saying that he should never have been imprisoned as he was simply protecting his family. On the other side are people who say that by chasing down these robbers and beating the living daylights out of the one they caught (who is now brain-damaged, apparently), they went significantly further than using "reasonable force" and so deserved a sentence. This is one topic I'm actually pretty divided in myself about. On one side, I know that given the situation, had that happened to me, I would have done anything to ensure the survival of my family. And I certainly think that if you are in the process of committing a serious crime, you should lose any protection you have from the pathetic Human Rights Act. However, I'm not an advocate of violence, and I can't bring myself to condone them breaking a cricket bat over an intruder's head. In that scenario though, I don't know what I would do. I'd probably see red and want to kill anyone that threatened my family, but... it doesn't mean it's the right thing to do. Or does it? |
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| agamemnon | Jan 20 2010, 07:52 PM Post #3 |
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if some c*nt broke into my house and tied up my family then noone in the world would stop mer tracking them down and killing them as painfully and slowly as possible. the bloke should have been given a medal for what him, his son and brothr did, same really as the farmer tony martin those pikeys didnt give a s**t what they did to anyone and knew they where above the law as the police are affraid to upset them in fear of being racist or gunned down with shotguns. he took his justice out and its just a shame he never killed both of them. as to this case the tosser he beat up has been arrested for offences commited since that assualt, so he never learnt his lesson and hes not that brain damaged either. if you step outside of the law knowingly then forget about asking the law for help when you get unstuck |
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| Deleted User | Jan 20 2010, 07:56 PM Post #4 |
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If someone comes into my house or my families and threatens them, then Im going to go as far as kill the c**t until someone pulls me off them. |
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| Deleted User | Jan 20 2010, 08:03 PM Post #5 |
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I'd certainly do anything I felt necessary inside the house. I'd also probably chase them - done it before when someone was trying to get in when they thought I wasn't about. I don't think anyone knows exactly what they'd do if/when they caught someone though. I think it would all depend on the circumstances and the particular situation. |
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