A rightful killing or murder? Nonthaburi house owner who killed intruder sparks debate

[TPI]

3 hours ago, MaksimMislavsky said:

Although the logic behind this is somehow understandable, it is entirely medieval and un-buddhist to me. The fact that such stuff is seriously stated in mass media by a law-enforcement-related person featured as an expert of sorts is, well, amazing to say the least. And I'm what some people here dub as Thai apologist.

"Say, a man went out to do a job in another province but forgot something at home. He returned to find another man in bed with his wife. He could get away with shooting that man dead." In the real world he couldn't, the guy isn't even trespassing...another BiB talking through his fundamental passage!!

[wgdanson]

2 hours ago, bristolgeoff said:

It happened in the UK with Tony Martin.protecting his house.he went to goal but was let out after a short time.the man was protecting his house he must have  rights.in America you have that right to protect your belongings and shot the intruder without fear

There was a documentary about Tony Martin on UK TV last week. Although I do agree he was not guilty of murder, he was a bit of a nutter.

[MaksimMislavsky]

10 minutes ago, TPI said:

"Say, a man went out to do a job in another province but forgot something at home. He returned to find another man in bed with his wife. He could get away with shooting that man dead." In the real world he couldn't,

Kinda depends on what is referred to as "the real world"

[ReMarKable]

In Texas it is not even thought about; just pull out your 12 gauge and blast away if someone touches your property.  No crime, just defending your rights.

[cornishcarlos]

8 hours ago, MadMuhammad said:

So because of the year this crime is no longer considered worthy by your standards. 

Think about it......

 

Sorry, what are you talking about ? Do you think it is acceptable to shoot someone who steals a buffalo !

[300sd]

Someone in my house with a weapon!

I'll restrain him with force, will shoot first thanks. 

[Pedrogaz]

Anyone who invades a house should consider the possibility that he can be killed by the owner. It should be legal for a homeowner to kill and invader in self-defence. If the intruder is fleeing he should not be killed, he should be allowed to flee.

[africasiaeuro]

My take after 4 decades : The Houseowner will be charged for manslaughter - at the least. 

No matter what ' the law is always in favor of color, wherever, in a developing country. '

I would love to be wrong, but after all time spent in developing countries we would not expect another verdict.

 

 

 

[Nyezhov]

Well this girl did allright

https://www.foxnews.com/us/south-carolina-woman-kills-escaped-jail-inmate-who-kicked-down-her-door-sheriff-says

[hotchilli]

9 hours ago, Vacuum said:

The wife doesn't 'belong' to the husband. Why shoot the man who obviously was invited to bed by a horny wife? I'd shoot the wife instead.

I'd shoot them both, wife first then the intruder, clean the gun & put the fingerprints of the intruder on the gun, then claim I was elsewhere & they both died during some sort of confrontation !!

[Vermaric]

10 hours ago, cornishcarlos said:

 

What !! Its 2018 Thailand.... ????

He omitted to say that law applies only to a pedigree Buffalo.  

[Classic Ray]

Legislation and case law don’t seem to develop as they do in the West. In the UK judges can actually interpret the law and their decisions can alter the law in the concept of “common law”. 

 

Killing someone in self defence is more an interpretation of the facts rather than the law. The law (in the UK) is clear that you can use reasonable force to defend or protect your own life or that of another. All that a court would have to decide is if the force you used was reasonable, and that there was no reasonable alternative to the action you took in defence of life.

 

Killing someone who is fleeing is not self-defence.

[SinCityGr8One]

There should be a "Castle Law", as your home is your castle. You have a right to kill an intruder, if you are threatened or he makes an aggressive move to you. However, if you kill him outside your door, then you would be in deep <deleted>. I suppose if you did kill him outside, drag him back in but make sure he's dead so there is only one side to the story. YOUR'S.

[Foexie]

The man was asleep so why take the risk of wake him up by take his "weapon"?

 

He needed to call the police anyway for reporting a burglary so why not call them immediatly?! Think they would be happy enough to catch the guy.

 

Only thing he needed to do was to wait near the room with something to hit him in case he would wake up.

 

Guess he also did see to many kungFu movies or MMA but doing the head lock wrong.

 

I would try hold him in an arm lock and believe me he won't move an inch.

 

Guess a man's life could have been saved. The burglar didn't need to die. Fact that he fell asleep on the bed could be because he was so drunk he maybe did enter the wrong house.

 

It would be a much different story if he was attacked by him. Then all options are open to take him out.

[kiwikeith]

20 hours ago, cornishcarlos said:

 

What !! Its 2018 Thailand.... ????

It is obvious, the fight and the headlock, the headlock was used to restrain the intruder from trying to grab the meat cleaver.

The fight was to protect the owners life.

But shooting a man walking away with your buffalo----------?????

[Gandtee]

I remember the local Head Man telling my wife that "If you have a gun and shoot an intruder make sure you drag him back onto your property."????

[soalbundy]

1 hour ago, kiwikeith said:

It is obvious, the fight and the headlock, the headlock was used to restrain the intruder from trying to grab the meat cleaver.

The fight was to protect the owners life.

But shooting a man walking away with your buffalo----------?????

crime of passion ?

[LukKrueng]

21 hours ago, Denim said:

It may be acceptable to shoot a man who had stolen your buffalo and was taking it abroad to a neighboring country.

 

Hell of a job getting it a visa for the UK though and as for a settlement visa, probably impossible without the required language skills. Two legs are hard enough four legs would require divine intervention.

I didn't realise the uk was neighbouring to Thailand. But yet again, I failed geography at school....

[xtrnuno41]

22 hours ago, Vacuum said:

The wife doesn't 'belong' to the husband. Why shoot the man who obviously was invited to bed by a horny wife? I'd shoot the wife instead.

you better shoot yourself of not taking care of your wife

[TonyClifton]

On 12/5/2018 at 9:53 AM, webfact said:

taking the law into your own hands and committing murder. 

The proper way to state this would be to call it a homicide.  There are homicides and justifiable homicides.  To write that this is "murder" mistakes facts in evidence.  

[Classic Ray]

The proper way to state this would be to call it a homicide.  There are homicides and justifiable homicides.  To write that this is "murder" mistakes facts in evidence.  

This could easily be deemed to be murder. If the householder grabbed the other guy whilst he was still asleep and strangled him to death, that would be murder. We don’t know whether there was a proven struggle or threat to the householder’s life, we only have his side of the story.


Sent from my iPhone using Thailand Forum - Thaivisa mobile app

[manarak]

On 12/5/2018 at 10:55 AM, MickeyR said:

No one has the right to shoot anyone unless his life is threatened. If you find an intruder in your home you make an house arrest if the Intruder has a weapon you then can restrain the guy with reasonable force.

dreamer.

 

[manarak]

break-in by an armed man + violence against the tenant. this is a clear case.

[ratcatcher]

On 12/5/2018 at 6:17 PM, cornishcarlos said:

 

Sorry, what are you talking about ? Do you think it is acceptable to shoot someone who steals a buffalo !

[cat handler]

On 12/5/2018 at 10:20 AM, scorecard said:

So is this retired policeman a legal expert at the level of making serious statements  / legal interpretations of the law, to newspapers, to the public?

Since part of police training is studying the law I guess that would in fact make him an expert.

[kotique]

Despite of that policemen interpretation of law what is expected from house owner if intruder fleeing? Leave him? Who would guarantee he will not return later?

[ylmiri]

On 12/5/2018 at 11:36 AM, Vacuum said:

The wife doesn't 'belong' to the husband. Why shoot the man who obviously was invited to bed by a horny wife? I'd shoot the wife instead.

Nonsense, a wife is like a buffalo in Thailand, you don't shoot a buffalo because the buffalo work hard for you and give you milk for your children.

To be fair, you should point the gun at the man and say , call your wife on the phone to come here I need to have sex with her, then everything will be equal. If she looks ugly I don't have the desire to screw then you have to pay me 5000 baht.

That's fair isn't it? Nobody needs to die or make a big fuss. It's skillful thinking in Buddhist parlance.