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Stirlingsays Flag 13 Apr 22 1.23pm Send a Private Message to Stirlingsays Holmesdale Online Elite Member Add Stirlingsays as a friend

Originally posted by Mapletree

Martin was the victim of an attack? Wow, you had better let his Counsel know.

Martin had an unlicensed pump barrel shotgun, which of course is fine so he could defend himself, multiple times and quickly. And as it was a Winchester he is simply a cowboy after all. His shotgun licence, which would not have covered him for a pump-action, was revoked after he shot a hole in an apple scrumper's vehicle.

The prosecution accused him of lying in wait for the burglars and opening fire without warning from close range, in retribution for previous break-ins at his home. He killed a sixteen year old boy who was hit in the back and legs.

English law permits a person to kill another in self-defence only if the person defending themself uses no more than "reasonable force".

The jury at the trial were told that they had the option of returning a verdict of manslaughter rather than murder, if they thought that Martin "did not intend to kill or cause serious bodily harm", or murder if they thought he had used excessive force. The jurors found Martin guilty of murder by a 10 to 2 majority.

Submissions by the defence that Martin had fired in his own defence were rejected by the appeal court.

His defence also submitted evidence that Martin was diagnosed with paranoid personality disorder exacerbated by depression and that his paranoia was specifically directed at anyone intruding into his home; he was also diagnosed with Asperger syndrome.

This submission was accepted by the Court of Appeal and, on the grounds of diminished responsibility, Martin's murder conviction was replaced by manslaughter carrying a five-year sentence, and his ten-year sentence for wounding Fearon was reduced to three years to run concurrently.

So there you have it, all of those people considered the evidence but others know better without having that benefit

Maybe it's because Mr Martin was born in Wisbech. He of course had the right to set himself up as Judge, Judy and - quite literally - executioner.

By the way, my experience of Travellers has been truly dreadful and these two were nasty petty criminals.

Edited by Mapletree (13 Apr 2022 1.19pm)

I've already said that this case was discussed heavily on Hol years ago and there's nothing you write here, biased towards the prosecution as it is, that wasn't discussed at the time.

As I say, I disagreed with the verdict, as did most of the country.

I don't agree with the self defence law as it is framed in this country. I believe it favours the criminal too much. This was also said at the time.

Edited by Stirlingsays (13 Apr 2022 1.26pm)

 


'Who are you and how did you get in here? I'm a locksmith. And, I'm a locksmith.' (Leslie Nielsen)

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Mapletree Flag Croydon 13 Apr 22 1.56pm Send a Private Message to Mapletree Add Mapletree as a friend

Originally posted by Stirlingsays

I've already said that this case was discussed heavily on Hol years ago and there's nothing you write here, biased towards the prosecution as it is, that wasn't discussed at the time.

As I say, I disagreed with the verdict, as did most of the country.

I don't agree with the self defence law as it is framed in this country. I believe it favours the criminal too much. This was also said at the time.

Edited by Stirlingsays (13 Apr 2022 1.26pm)

And I say I absolutely trust you to kill people if they are burglars and it is only fair to exact that retribution on them. Your judgement is perfect, in fact Solomon could take advice from you.

 

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Wisbech Eagle Flag Truro Cornwall 13 Apr 22 2.25pm Send a Private Message to Wisbech Eagle Add Wisbech Eagle as a friend

Originally posted by georgenorman

It's not a change at all, it is precisely what I have been saying all along. As for not being on the jury and hearing all the evidence, neither were you, so you agreeing with the verdicts is not really that valid is it.

We must agree to disagree about the tone. Yes, I agree with the jury's verdict, but I did follow the case quite closely at the time and then lived in the same town as him.

 


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Wisbech Eagle Flag Truro Cornwall 13 Apr 22 2.27pm Send a Private Message to Wisbech Eagle Add Wisbech Eagle as a friend

Originally posted by georgenorman

As do many people.

Edited by georgenorman (13 Apr 2022 1.04pm)

They do, but they all don't shoot them in the back, do they?

 


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Stirlingsays Flag 13 Apr 22 3.01pm Send a Private Message to Stirlingsays Holmesdale Online Elite Member Add Stirlingsays as a friend

Originally posted by Mapletree

And I say I absolutely trust you to kill people if they are burglars and it is only fair to exact that retribution on them. Your judgement is perfect, in fact Solomon could take advice from you.

He has, the latest was Finders Keepers at the three thirty at Kempton.

 


'Who are you and how did you get in here? I'm a locksmith. And, I'm a locksmith.' (Leslie Nielsen)

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Mapletree Flag Croydon 13 Apr 22 3.10pm Send a Private Message to Mapletree Add Mapletree as a friend

Originally posted by Stirlingsays

He has, the latest was Finders Keepers at the three thirty at Kempton.

Wow. Last raced in 2004 as far as I can see, not sure that was the best advice to offer Solomon

 

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Stirlingsays Flag 13 Apr 22 3.24pm Send a Private Message to Stirlingsays Holmesdale Online Elite Member Add Stirlingsays as a friend

Originally posted by Mapletree

Wow. Last raced in 2004 as far as I can see, not sure that was the best advice to offer Solomon

You actually looked up the name of the horse.

Oh syrup what are you like.

 


'Who are you and how did you get in here? I'm a locksmith. And, I'm a locksmith.' (Leslie Nielsen)

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ASCPFC Flag Pro-Cathedral/caravan park 13 Apr 22 3.57pm Send a Private Message to ASCPFC Add ASCPFC as a friend

Originally posted by Stirlingsays

He has, the latest was Finders Keepers at the three thirty at Kempton.

Richard Stilgoe at his finest.

 


Red and Blue Army!

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Grumbles 13 Apr 22 7.57pm Send a Private Message to Grumbles Add Grumbles as a friend

Originally posted by ASCPFC

Would

Politicians-wise Sanna Marrin for me.

 

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Yellow Card - User has been warned of conduct on the messageboards Hrolf The Ganger Flag 13 Apr 22 8.11pm Send a Private Message to Hrolf The Ganger Add Hrolf The Ganger as a friend

Originally posted by Wisbech Eagle

All of which is taken into consideration when deciding whether to prosecute and whether to convict, or not, by the jury.

Martin was charged and found guilty.

You have a lot of faith in the jury system.

I don't share your confidence.

I also think that if you invade someone's home, then you run the risk of getting yourself killed. It goes with the territory.

I don't believe it is unreasonable to allow a homeowner to defend his home.

 

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Wisbech Eagle Flag Truro Cornwall 13 Apr 22 9.58pm Send a Private Message to Wisbech Eagle Add Wisbech Eagle as a friend

Originally posted by Hrolf The Ganger

You have a lot of faith in the jury system.

I don't share your confidence.

I also think that if you invade someone's home, then you run the risk of getting yourself killed. It goes with the territory.

I don't believe it is unreasonable to allow a homeowner to defend his home.

Nor does anyone else. Just so long as the "defence" is proportionate to the threat. Shooting someone in the back whilst they are running away doesn't appear to me to match that criteria. Does it to you?

I have confidence in the system, both of trial by jury and appeal to a panel of Judges. Nothing is perfect, but I don't know of a better alternative.

 


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Yellow Card - User has been warned of conduct on the messageboards georgenorman Flag 13 Apr 22 10.01pm Send a Private Message to georgenorman Add georgenorman as a friend

Originally posted by Wisbech Eagle

Nor does anyone else. Just so long as the "defence" is proportionate to the threat. Shooting someone in the back whilst they are running away doesn't appear to me to match that criteria. Does it to you?

I have confidence in the system, both of trial by jury and appeal to a panel of Judges. Nothing is perfect, but I don't know of a better alternative.

Perhaps he turned his back to prepare some deadly martial arts manoeuvre!

 

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