December 22nd, 2009

The Course of Justice

Posted in The Job - Comment by 200

There can’t be many things more frightening than having a group of thugs armed with knives break into your house, tie you up & threaten to kill you.

This is what happened to Munir Hussain in September last year. He arrived home with his two sons to find 3 burglars had tied up his wife & 18-year-old daughter. Munir & his sons were also tied & all 5 were forced to lie on the floor or they would be killed. Mr. Hussain was also beaten by the thugs.

One of the sons managed to escape & alerted Miner’s brother, Taker, when he arrived the criminals ran off but were chased by Taker & Munir who caught one of them in a garden. The brothers set about Waled Salem with a pole, a hockey stick & a cricket bat. He was left with a fractured skull & a brain injury.

Both brothers were charged with an offence of GBH & Salem was charged with an offence of aggravated burglary.

Salem, who had 50 previous convictions, broke into someone’s house armed with a knife – remember the government’s tough stance on knife crime – received a supervision order, yes you did read that right, 50 pre-cons, a nasty aggravated burglary & a supervision order.

The Hussain’s on the other hand were both jailed. Munir for 30 months & Tokeer for 39.

Jailing the pair, Judge John Reddihough said: “If persons were permitted to take the law into their own hands & inflict their own instant & violent punishment on an apprehended offender rather than letting justice take its course, then the rule of law & our system of criminal justice, which are the hallmarks of a civilised society, would collapse.”

Just as an aside, if the Hussain’s had let justice take its course presumably that would have led to completely nothing since, to date, the other violent burglars have not been found. And if they had been found would justice mean a supervision order, or in other words, as close to getting off scot-free as possible?

Doesn’t this open up a whole new black kettle of worm can ball games?

I started writing this entry a couple of days ago & wish I’d published it then as today the case has appeared on the national TV news & on the front page of the papers where the Conservative Party are discussing the need to change the law on self-defence, though this particular case seems to be one of self-defence after the fact.

There will be many people completely appalled at the prison sentence given to the Husssains, which kind of makes the other point swallowed up, i.e. how the fuck can someone with 50 convictions who is convicted of entering someone’s house armed with a knife, tieing up 5 people & threatening to kill them whilst carrying out a particular nasty burglary, get away with a supervision order?

The sad thing is that while most people would think this is a travesty, the facts are that it is nearer the norm than you might expect. But back to the case in hand.

Should a man go to prison who has caught a violent criminal having been subject of a nasty aggravated burglary? I expect there will be many people who say give the man a medal, but bear in mind he attacked him so severley with a cricket bat & other items that the bat broke & the scumbag was left with brain damage. I’ve not yet seen any of the reports detailing exactly what the burglar’s injuries were. Was the judge’s leniency based on the ‘he’s already suffered enough’ principle?

There’s a balance to be had in protecting someone who uses violence to defend themselves, their families & their property & clearly someone who seeks to enter your home must expect to be met with a bigger stick than the one he’s carrying, but are we saying a man should be able to go above & beyond what is required to protect themselves? The Hussains did go a step too far. It was probably right that they should be prosecuted. But I don’t believe it is right to make an example of them & there was surely an alternative to imprisonment, after all, the guy with 50 convictions was able to take advantage of one of them.

There are many cases we can hold up as an example why victims should be protected from prosecution, I’m not sure the Hussain’s case is one of them.

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14 comments

  1. Cogidubnus says:

    I think a suspended sentence would’ve been more appropriate for Mr Hussain…

    For Salem, a year for every previous conviction (54 in all I believe) would be about right…with the option of a suspended sentence at the end of a rope if he doesn’t grass up his mates…

    The worm WILL turn one of these days, despite the best (worst) efforts of the legal profession…and I’m afraid it won’t be pretty…

    December 22nd, 2009 at 01:24

  2. Baz says:

    Mr Salem got off lightly with GBH, if he had broken into my house and did what he did to my familly and i caught him, he would have a bullet in his head

    The UK has gone crazy, the criminals really are running the asylum.

    December 22nd, 2009 at 02:20

  3. Tang0 says:

    http://www.bucksfreepress.co.uk/news/4794317.Munir_and_%20Tokeer_Hussain_sentencing__Judge_s_remarks/

    The sentencing judge’s remarks in full reveal a little more.

    1) An independent witness begged the attackers to stop beating Salem.
    2)regardless of the all the commentators views on the justificaton or otherwise of the attack – Munir’s explanation and justification was “It wasn’t me, I wasn’t there”.
    3)regardless of all the above, he was convicted having gone not guilty at trial (so no deduction of tariff) and only received 30 months for a clear Section 18 with a STARTING tariff of 7 years.

    December 22nd, 2009 at 08:50

  4. Legal Eagle says:

    Whilst the idea of beating a criminal within an inch of their life may appeal to many, the fact of the matter is, it is WRONG to beat someone to the floor and KEEP ON beating them with metal bars and sports bats to the extent that they suffer a brain injury, whatever the reason.

    December 22nd, 2009 at 09:19

  5. pc hawkeye says:

    Seems our man didn’t hit him hard enough or long enough.

    http://www.dailymail.co.uk/news/article-1237632/New-let-brain-damaged-burglar-got-decent-man-sent-jail.html

    December 22nd, 2009 at 09:40

  6. met east london says:

    If the judicary had an sense Salem would have been be locked up at the time of the burglary!Prison works inmates cant rob or steal it just the liberal elite that run this country that dont like the idea of prison! Every junkie oops i mean the pC term drug abuser I have spoken to knew what ever crime they committed was wrong they just decided the impact of their crime was not as important as the reward i.e. drugs for them! Almost every crime with the exceptions of some violent crime people have made the descion to committ it as the easier of two options! Why then does the criminal justice system make it harer to go to a nice easy prison( i have worked in one of the most notoriously hard ones) and found that was easy!The mangement was the same as the police worried about tfollowing the home office edicts rather than staff and doing the job!!!!

    December 22nd, 2009 at 09:44

  7. quantum torpedo says:

    thing is… he went too far… and nearly killed him- way outside of the ‘self-defense’ defense.

    I dont care what happens to agg burglars… but…

    this chap (like Tony Martin) went way past the line…

    December 22nd, 2009 at 15:39

  8. Tony F says:

    Now what they should have done is dragged him back to their house…..

    BTW, has anyone heard about the Vicar that says it’s Ok to shoplift…?

    December 22nd, 2009 at 16:53

  9. quantum torpedo says:

    lol… the lord works in mysterious ways….

    December 22nd, 2009 at 19:40

  10. Blueknight says:

    In the cold light of day, yes, there was no ‘legal’ justification for such a beating BUT more account should have been taken of what the Hussein’s state of mind must have been, following on from being the victim of tie up robbery in which they may have believed they would be killed.
    Imagine it happening to your family, in front of you
    The blame lies at the feet of the system that allowed Salem back out on the street after committing so many offences.

    December 22nd, 2009 at 23:56

  11. quantum torpedo says:

    i wonder what the headline would have been if it had been a Police officer that had given the beating?

    December 23rd, 2009 at 18:41

  12. anon says:

    COPPER NAILS NUT AND BOLTS

    December 23rd, 2009 at 20:29

  13. MarkUK says:

    Anon – love it!

    The comments on this blog are considerably more sane than those in the press.

    Mr Munir overstepped the mark by a long way, as did his confederates. If the burglar had been pounded to fcuk within the house, then I would be prepared to accept a defence of self defence. This was not the case.

    I would, however, like to see at least part of the sentence suspended. Mr Munir knows he has done wrong, and it’s unlikely that he wil reoffend.

    December 23rd, 2009 at 21:24

  14. JH says:

    Great blog by the way! Very educational.

    What worries me is how can a homeowner anticipate what a burglar may do or not to them and their family? Does someone wait until the plan that only the burglar has unfolds? What would happen if you passed up an opportunity to be proactive and the end result is your wife or child is injured or worse? Nothing is sacred anymore, once someone has crossed that threshold into another psrson’s domain all bets are off. I don’t expect burgalrs present their credentials (violent or otherwise) in a folder when you meet them on the stairs.

    December 30th, 2009 at 13:46

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