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“My Home is My Castle” - but killing intruders can lead to jail


rooster59

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1 hour ago, BE88 said:

"""One Thai legal expert stated at the time that according to Thai law it was okay to shoot a man who you found in bed with your wife as you were deemed to be “protecting your property!”"""

its also good manners to pay the man a few thousand Baht for undertaking such a duty and taking the woman off your hands. 

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2 hours ago, rooster59 said:

there are questions surrounding 300,000 baht he had in his possession from a land sale. The money is missing. 

SO he came to rob - or just visit - a man in his house carrying 300,000 baht?

no, i do not think so.

i think that what happaned is as followed:

mother of thai robber: but him farang, him have bg money (free translation from thai)

policeman: no cannot just tell him give money, because many people know allready.

mother: so i can say him have 300,000 baht with him, and we share the money 50/50

policeman: hmmm....this might work

 

and that is why thepolice is even coming with the idea that the robber might carry with him

300,000 baht , an idea which is not even an insult for any kind of intelligence, on this planet and beyond.

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Don’t believe he would bring 300k to screw someone else’s wife…is he that stupid? You can answer that…

 

why was he carrying a gun? As an armed intruder, he loses many rights in my eyes….he has put himself (no one else) in a bad situation and he is the one should be held accountable…dead or alive doesn’t matter

Edited by cardinalblue
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a policeman, not in thailand, once explained to me that a career criminal knows the law better than lawyers.

i learned this the hard way when i was attacked once by an experienced criminal, whom i never met before. i was just sitting in a restaurant and that stranger came and harrased me, threatened me and came too close to my face. i backed off but he kept coming closer .

i got scared and pushed him away, than he started shouting "he attacked me !! he attacked me !!!"

while thowing things at me and shouting threats.

i left the place quickly and later someone explained to me that he came acctually to extort the restaurant owner. telling him but if he will not pay he will keep on harrasing customers, but if

i had stayed the police could charge me with an assault because the CCTV captured me

pushing him first....and he knew it !!

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Having lived in the Commonwealth of Kentucky and held a Concealed Deadly Weapon License, it was my understanding that the use of deadly force was only warranted in defense of life (your’s or another’s life), not in order to protect property. Of course, every case must be judged on its own presented evidence. My understanding was, if someone forcefully broke into my home that would present evidence that I was in fear of my life and thus had a right to use deadly force. If I had invited someone in or no forced entry was involved and a fight ensued, that would be a different matter. The burden of arguing defense of life would be harder to demonstrate to a jury. Currently, I would cite my 5’5” height, age, and heart condition as why I had the needed fear … I also keep a deadly weapon in the house and would have no psychological/moral issue with a defense resulting in a death. As to the current Swiss defendant … the jury is, by right, still out as not enough evidence has been sorted through … IMHO.

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No one ever had the idea that it is just the family of the deceased who want to extort as much money as possible ?

I don't think that the dead thai guy had the 300.000 baht on him when he climbed over that wall ...I think he left it at a secure place , or his family had taken care of it already ... and now they want another 300.000 because he is dead and all farang are rich ...

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back in Adelaide in the 70s or 80s a man brock into my friends house with an axe, Geough raced to his gun rack grabd a gun and shot him. Police come and take man to hospital , convicted and sent to goal. 1 year later sues geough fore ecessive force and wins. geough grabed the first gun  30.06 his mistake next to it was a .22. Judge said  geough should have grabed the 22. CRIM WHONE

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13 minutes ago, 2BOB said:

back in Adelaide in the 70s or 80s a man brock into my friends house with an axe, Geough raced to his gun rack grabd a gun and shot him. Police come and take man to hospital , convicted and sent to goal. 1 year later sues geough fore ecessive force and wins. geough grabed the first gun  30.06 his mistake next to it was a .22. Judge said  geough should have grabed the 22. CRIM WHONE

Allo Allo, Office Crabtree, I presume!

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4 hours ago, ThailandRyan said:

So the deceased was supposedly carrying 300k the in his pocket. Must have been to show he had money to take the wife away from the husband....I think not...

So the intruder was supposedly carrying 300,000 baht and, if I remember correctly, the Swiss guy's bail was 300,000 baht. Bit of a coincidence but just saying......

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In a notorious Australian case Hackshaw v Shaw a farmer lay in wait at night to foil petrol thieves. One night a young man and his girl friend showed up to steal petrol from the farmer’s tank. The farmer shot at car and severely injured the girl who was sitting in the car. The High Court held that the farmer was negligent since it was reasonably foreseeable someone was sitting in the car. 
 

The principle of the castle does not apply in Australia.

 

A householder who uses violence against an intruder will be judged against the standard of the reasonableness of the force used by the householder. This as it should be.

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The problem is not the content of the law but its application according to your origins, Woe to you farang if you think that Thailand is a country where a foreigner benefits from the right resulting from the laws in force. We recently saw a court of law, institutionalize the scam "then that it benefits the country", that is the only argument. Near that all is said. We all know what to expect in the event of a problem.

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Does not the whole notion of protecting life and property rest on 'use of reasonable force' i.e. you show up with a knife, or I show up with a gun you take the gun I take the gun from you I then have a fist fight with you the intruder, beat the intruder down, then restrain - tie you up without (maybe?) monitoring your safety and wellbeing afterwards and you die = trouble for the restrainer.

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Obviously, we all need to await the full facts of this case, assuming they are eventully revealed. Some questionable points though:

 

It is alleged the intruder carried 290000 bahts on him.  Quite bulky and for what purpose?

His sister claims she knew he had the money on him, even though she lives nowhere near.

Wife claims to have slept through it all.

If he was invited by the wife, why did she do so when the husband might have been at home?

If invited, why did he not use the door and why carry a gun unless his intention was to kill the husband?

Could the husband have been aware of the plot and decided to kill the intruder when he arrived?

Perhaps the gun was thrown into a nearby pond by the husband, once he had disarmed the intruder to ensure that it could not be repossessed by the intruder and used against the husband.

The intruder was tied up presumably because he was still alive and to avoid any further attack?

The police were called, possibly after a delay, due to shock and doubt as to how to proceed.  

 

And so it goes on.  Hopefully, the police will do a thorough job and get tothe botom of it all.

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Does it matter if the home invader is a Thai, a Pygmie, a Eskimo, a delusional Englishman or a Native American? NO NO NO.

And even more so if the intruder is armed, and or violent = all bets are OFF! You have the LEGAL right to defend & protect yourself, "as is necessary to repel the attack". If he/she becomes inert, stable, and or submissive. You need to stop! And ring the Police.

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