http://news.scotsman.com/latest.cfm?id=2687311
3:23pm (UK)
Man Who Killed Armed Intruder Jailed Eight Years
By Will Batchelor, PA News
A man who stabbed to death an armed intruder at his home was jailed for eight years today.
Carl Lindsay, 25, answered a knock at his door in Salford, Greater Manchester, to find four men armed with a gun.
When the gang tried to rob him he grabbed a samurai sword and stabbed one of them, 37-year-old Stephen Swindells, four times.
Mr Swindells, of Salford, was later found collapsed in an alley and died in hospital.
Lindsay, of Walkden, was found guilty of manslaughter following a three-week trial at Manchester Crown Court.
He was sentenced to eight years' imprisonment.
After the case, Detective Chief Inspector Sam Haworth said: "Four men, including the victim, had set out purposefully to rob Carl Lindsay and this intent ultimately led to Stephen Swindells' death.
"I believe the sentences passed today reflect the severity of the circumstances."
Three other men were charged with robbery and firearms offences in connection with the incident, which took place in February last year.
What are the details behind the case?
Once or twice is self defence, 4 times is getting excessive, if he had stabed each person once he wouldn't be in so much shit. It'll probably get quoshed/reduced on appeal unless there is another angle(drugs etc) to the story.
Salford is not a nice place, it's one of the reasons Manchester was known as "gangchester" during the 80's.
Only split seconds difference between 2 and 4 times....You have no right to defend yourself in the UK...
Assuming no ommitted details in the above story, in Texas, we'd give Mr Linsay a medal, and charge the 3 lowlife's with the murder of their scumbag buddy. Of course, in Texas, he could have greeted them with a nice burst of gunfire, instead of a sword.
don't mess with Texas...
How would you charge the 3 with the death of their friend?
The reason he was put in jail is because he ran after the robbers and stabbed one of them in the back AFTER they had left his house, so its not self defense anymore.
"How would you charge the 3 with the death of their friend?"
A death occurred as a direct result of their intentional commission of a felony.
"Only split seconds difference between 2 and 4 times....You have no right to defend yourself in the UK..."
Yes we are, only last week I heard about a blind guy who stabbed an intruder to death and he wasn't even charged.
That blind guy was smart, he told the cops he thought he was preparing a roast for dinner.
"A death occurred as a direct result of their intentional commission of a felony" - That must be law unique to Texas.
That law is actually in several states. I know that some places anyone's death resulting during from a felony can cause you to be tried for 2nd degree murder. If you rob a liqor store and one of the store patrons drops dead of a heart attack, instant mandatory murder 2 charge.
I haven't heard of this being the case in NC. Thats the perspective I'm looking at it from.
Similar law in Canada, under the "Murder" section of the code. If death occurs in your undertaking of a criminal activity that is likely to result in murder/gbh, then you can be charged with murder.
http://www.canlii.org/ca/sta/c-46/sec229.html
"Culpable homicide is murder...(c) where a person, for an unlawful object, does anything that he knows or ought to know is likely to cause death, and thereby causes death to a human being, notwithstanding that he desires to effect his object without causing death or bodily harm to any human being."
I don't see how the guy can be faulted for not counting his slashes under those conditions.
So when 4 guys show up w/ a gun, you are shitting and pissing your pants, your adrenaline is blasting through your veins, and your life is racing before your eyes....be sure to count.
Since the 4th guy would have been charged they should just subtract his 'would have been' sentence from the 'victim'. Can I say victim for a felon?
We got stupid laws in Canada too. A guy was doing renovations in his house and had torn up a bunch of floor boards. During the night, some guy broke in, fell through the hole in the floor and landed in the concrete basement, breaking both his legs. He had to scream for help until the owner woke up and called him an ambulance. I don't know if it ever went to trial but the criminal charged the owner for not having warning signs up about the renovations!
MS
"...criminal charged the owner for not having warning signs up about the renovations"
um.. Citizens don't charge people, the state does.
uh, citizens can press charges aswell the State.