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Tokeer and Munir Hussain
Sentences reduced: Munir Hussain, right, who was freed, and his brother Tokeer

Set free: Man who beat armed intruder with cricket bat

Paul Cheston, Courts Correspondent
20.01.10

A man jailed for hitting an intruder with a cricket bat after a knife gang held his family hostage was freed today after a public outcry.

The 30-month sentence imposed on Munir Hussain, 53, of High Wycombe, was reduced to two years and the term was suspended. His brother, Tokeer Hussain, 35, had his 39-month term cut to two years but will remain in jail.

Three Appeal Court judges ruled that the case was one of “true exceptionality”. It was hailed as a victory by campaigners for the right of homeowners to defend their family and property.

Lord Chief Justice Lord Judge admitted the “calls for mercy” for the Hussains had been “intense and must be answered”. Munir Hussain's son Awais said his family was “extremely grateful” to the judges for their decision, adding: “It will be great to have my father home immediately and my thoughts are with my uncle.”

The brothers, described as family men and businessmen at the heart of their community, were jailed last month after being found guilty at Reading crown court of causing grievous bodily harm with intent.

Munir and his wife and children had returned from their mosque to find masked intruders in their home. He feared for their lives as their hands were tied behind their backs and they were forced to crawl from room to room.

He escaped after throwing a coffee table at the gang and enlisted his brother to help chase them down the street, bringing one of them to the ground. What followed was described in court as self-defence which went too far, leaving intruder Walid Salem, 56, with brain injuries after he was struck with a cricket bat so hard it broke into three pieces. Salem was the only intruder caught after the incident but his injuries meant he was not fit to plead after being charged with false imprisonment. He was given a two-year supervision order. However prosecution lawyers have now hinted they may reconsider charges against him as his condition has apparently improved.

Neither brother was present in court for the ruling. The decision to free Munir was made by the same judges who yesterday rejected his bid to appeal against conviction.

Lord Judge said the principle “that you cannot take the law into your own hands without punishment,” must be upheld . He added: “The burglary was over and the burglars had gone. No one was in any further danger from them.” There was no dispute that professional criminal Salem “was subjected to a very serious attack”.

He added: “This is not a case about the level of violence which a householder may lawfully and justifiably use on a burglar. So far as both these appellants was concerned the purpose of their violence was revenge — to teach at least one of the burglars a lesson ... such violence is not lawful and no one at the trial suggested it was.”

Reader views (56)

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2 wrongs don't make it right. The burglar was wrong for breaking in and the brother chasing after the burglar using brute force with a bat, they should have somehow restrained him until police arrived.

- Andy Robus, Ireland, 24/01/2010 12:59
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We were broken into last year just after moving into our house, having never experienced this before - proabably lucky considering we live in London I can't describe how devestating it is to come home and find that someone has ransacked your home. I had so many personal things stolen - things that can never be replaced and were probably sold by these scum bags for a fraction of their value. It's actually not even the lose of physical objects to be honest the worse part is that someone has violated your home - the place that you should feel safe. A year on and we are still very jittery everytime we leave the house and everyday when we come home from work I put the key in the door fearful of the fact that it might have happened again we rarely sleep at night and don't even go away for more than a day or two. Its a strange feeling but the house has never felt the same. The police did arrive fairly promptly but we had a letter the next day saying that they were not even going to investigate it! I am really not surprised by these gentlemens actions, I rarely condone violence but if I were ever to get my hands on the scum that did this I would probably kill them - I am quite serious about that and I my anger is still as strong a year later. Perhaps if the police and courts took more serious action then people would not have to behave in this way.

- Molly, London, 21/01/2010 11:41
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Simple answer for the lawmakers, a burglar 'chooses' to enter a house, through that 'choice' he gives up any right to fair treatment.
I believe a homeowner should be allowed to take whatever measures he sees fit, it isn't a matter for others to decide or judge, in the cold light of day.
If you're faced with someone robbing you, do you calmly stand there offering him, tea, bisuits and counselling, no you're going to defend your home the best way you can.... nice touch with the cricket bat, very british!

- Mr B, London, 21/01/2010 10:08
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.....and this is why judges should only be appointed by a public election!!!
That would bring back common sense reflecting societies genuine views and values.

- Clifftop, london, 21/01/2010 08:57
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Until you've been woken up, tied up and threatened with knives by three intruders in your home as I was you cannot judge how you will feel. I still have flashbacks 8 years on but believe me if it ever was to happen again I will do exactly what Munir Hussain did to protect his family. Burglars know the risk they take when entering your domain. he took that risk and he got injured -tough!

- Jane, essex, 21/01/2010 08:28
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I call my self a liberal but if someone broke into my house i would fight to the death.

- Harold, london, 20/01/2010 22:38
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I think the government here want us to serve the burglars and squatter like VIP .open yr door and make them a tea after that we need to say "you always welcome" what a ridiculous law.

- Vy, london., 20/01/2010 22:20
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I'm glad to see Mr Hussain has been freed - he should never have been taked to court (except as a witness for the prosecution of the burglars) in the first place.

But what really annoyed me was the BBC News headline "Vigilante Freed". Comforting to see that they are still the bastion of the Loony Left.

- Anil, Manchester, 20/01/2010 19:58
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It makes me really angry when people cut me up dangerously on the motorway. If I chase one of these people to a service station and break my car jack over their head, presumably I'll be excused because of the provocation they caused? Let's remember that I was really angry, the adrenaline was flowing etc.

A facile and facetious argument, but not too far from credible judging by the comments of many of you posting here.

Of course we need a law allowing self defence which extends to defending one's home and family. And of course, leeway should be granted to such individuals when their heat-of-the moment actions are scrutinised in cold hindsight - all the more so where the stakes are as high as they were in this case.

However, this was not an act of self defence - the opportunity for Mr Hussain to defend himself and his family effectively ended when the burglars fled. Even if it were a question of self defence, his actions were not reasonable in the circumstances. No, these were the actions of an (understandably) angry individual who wanted revenge and – being clear-headed enough to summon and wait for his brother - administered such vicious punishment that the burglar was left brain damaged. While I have no sympathy for the burglar, in my view Mr Hussain ought still to be in prison with his brother.

No matter how much you may sympathise with his plight, or even think you may have done the same in his shoes, does not make Mr Hussain's behaviour any less criminal.

- Roberto, London, 20/01/2010 18:30
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Great, so if I am a burglar, I am covered for the risk of being harmed by the victim. All I have to do is step outside the house and feign retreat and maybe warn about the possibility of 2 years imprisonement.

- Dem, UK, 20/01/2010 18:25
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Munir should have got life. He chased after a defenceless man and then set about breaking a cricket bat on him. Why not restrain him. Munir and his brother are thugs as well.

- Adam, Bucks, 20/01/2010 18:01
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LIKE I SAID BEFORE I DO NOT AGREE WITH MANY OF YOU AND YEAH I CAN SIT IN JUDGEMENT !!! Of course i would be annoyed or upset if someone broke into my house but to beat someone like that?? nah folks you lot are just a bunch of white middle class dreamers who watch too many action movies and as for 'Mr Hussain beating a man because he was 'in shock' or 'had a rush of adrenilin - pleeeeeese do NOT make me laugh, he only stopped when the cricket bat broke in half!!! I actually think many of you are just talking out of your backsides. Bet you lot wouldn't say boo to a goose, let alone a burglar who was running away from you. Jeez at least i am honest about what i would do- i don't pretend to be the terminator from behind my keyboard.......................

- Kh, London UK, 20/01/2010 17:34
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Why is Tokeer still in jail? He helped his brother to protect his family - this is nto a crime either - SET HIM FREE! The law needs to do this to send out a message to offenders - OFFENDERS ARE NO LONGER PROTECTED!

- Jody, London, 20/01/2010 17:23
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Tell K H of london about adrenalin and what it does,he doesnt seem to have any ideas about anything else.
Some just sit in their safe houses and sit in judgment of others.

- Mike B, Lincoln, 20/01/2010 16:58
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What was Mr Hussain meant to do - make his "unwanted guest" a cup of tea and send him on his way with a pat on the back and a smile?

If someone breaks into your house, what are you going to do - let them get away with it, I don't think so!

- Alison, Cheshunt, Herts, 20/01/2010 16:37
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I am so truly sick of reading the rubbish liberals post about things like this. The only times they ever show any concern for the victim of a crime is when the victim was a criminal and the attacker was someone he had been robbing or assaulting. THEN they are angry and disgusted and want punishment, rather than their usual preference for rehabilitation and "community" sentencing! Because to them, reacting violently to being robbed in your home at knifepoint is somehow worse than breaking into someone's home and robbing them at knifepoint! I can't even get my head around that. What is it that makes some people sympathise with career criminals over law abiding citizens who are provoked and hit back? There is a real sickness there.

- Kevin T, Beckenham, Kent, 20/01/2010 16:36
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Frankly this world have gone MAD - Law and Rules is been set up by Human to govern HUMAN! Sometimes, Law and rules MUST have the flexibilities based on LOGICAL Sense. Basically these people that been given the right to govern the Law and rules have not been taking Logical sense into account.

Theft is still Theft and if he feel that he is in threat. He will kill anyone as well - as human have been equipped with this system call fight or flight system that actual control by your HORMONE! (just google it) you will know what i mean.

So sometimes, thing when very bad wrong also have it reason. Why a gentle person who never kill an ant will accidentlly kill a men when situation come into place? If you can answer this question you will know what you will do, when thing turn out to be yourselve that is experince it.

- Michael, London, 20/01/2010 16:19
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@ Mike, London

Don't know why I didn't see it before, there is an obvious and direct correlation between Islam4UK, Sharia Law, and this incident??? Brilliant!!!

I despair. I think you will find that the lack of protection offered by instruments of government will lead many to take the same actions as these guys did. White, Black, Muslim, Christian, a Womble, you will do what you have to to protect your own.

BTW - The burglar was apparently too brain damaged to stand for trial for his crime, but according to the BBC news at lunchtime, he was not too brain damaged to commit further crimes since this event?!

Labours New World, go figure.

- Frank, Home Counties, England., 20/01/2010 16:17
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Great news for all our freedom rights. But lets remember when this happens again, the same rules must be taken into consideration WHOEVER they are! And it wasn't just passed because of possible rascist reports.

- Tim, Cornwall, 20/01/2010 16:10
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he called his brother on the phone and then they set off to assault the man. thats not proecting your family that is taking the law into your own hands, and thats a crime. glad his brother is still in prison.

- Mary, uxbridge. england, 20/01/2010 16:05
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Nice to see that common sense has prevailed in this case. Normally judges fall over themselves to protect the perpetrator rather than the actual victim.

- Ashwin, london, 20/01/2010 16:01
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ive never been in trouble with the police but some stupid pratt run a red light at a crossing and nearly killed my 3year old daughter.he had no choice but to stop (cause he hit the kerb).Not proud of of punching him in the face and trying to drag him out of the car i was in shock.SHOCK is what caused Mr hussain to do what he did and i am 38 years old

- Stephen O Mahoney, essex, 20/01/2010 15:56
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I'm glad that mr Hussain has been set free...

I remember reading a number of articles surrounding the case and I I can understand why so many people were frustarted... This is something that could happen to any one of us... Black, White, Male or Female

When your life is considered to be in mortal danger, rationality is something which becomes a fleeting thought.

As a bible believing Christian I had to look within my own self and wonder... What would I do if it happend to me, my answer is simply this... I pray that it doesn't because I don't know what I'd do and this is why I can identify with Mr Hussain.

It's easy for us to comment but when situation arises its a different story.

I'm so happy he's been released... He should've got a suspended sentence at the most.

- Leopold, west midlands, 20/01/2010 15:28
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If someone breaks into my home you act either in flight or fight mode. I wouldn't have time to ask whether he's here to rob me, rape me or kill me. I would just hit him with the heaviest thing to hand, end of. You act on impulse, and all the pacifists comments on here just haven't got a clue at what they would actually do in the same situation when you are frightened out of your life. If you break into someone's home you should accept the consequences of your actions. You've no time to ring 999, you'd probably be dead by time they arrived, if they arrived at all!

- Sue, Kent, 20/01/2010 15:19
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not before time it should never came to court.good luck

- Anon, leicestershire, 20/01/2010 14:57
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What a funny old world we live in.

Islam 4 UK want Sharia Law in this country and you commenter's are the first to tell them this is ENGLAND and if they don't like it go back to the little tinpot country where you came from.
These brothers beat hell out a burglar and the tax payer is going to pick up the bill for his care = BENEFITS etc and that's going to cost ALL OF US!

Now these two Millionaires dealt out "Sharia Law" and it seems you are all for it then!

- Mike, London, 20/01/2010 14:42
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Simple rule: If you are being burgled DO NOT PHONE THE POLICE, deal with it yourself.

- Frank, Home Counties, England.

oh yeah hardman? and then what?
What a stupidly testorone filled comment frank - who do you think you are eh, Don Corelone??!!

- Kh, London UK, 20/01/2010 14:37
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KH .London. Maybe some day this might happen to you and your family, trust you still feel the same way.

- Shallotman, Basildon, 20/01/2010 14:27
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The sentence that most troubles me is the judge saying that 'the burglary was over'. I don't think anyone who's ever been burgled would write that or agree with it. It certainly isn't as long as things have been daaged or stolen. Even if everything is returned (which of course it never is) the sense of violation remains for months or longer.

- Ben, Brussels, Belgium, 20/01/2010 14:24
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Good to see that he has been released however the problem is this may be upping the stakes.

Burglars may go in heavily armed and act on impulse?

- Richard, London, 20/01/2010 14:21
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Best news we've had ever on the war against villans who get what they deserve.

- Dhan Raj, Basildon, 20/01/2010 14:21
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Re K H London
You had time to respond to his actions in your email.
This guy did not,you did not seem to take that into consideration.
Given the same conditions,I wonder how you would have responded,no time to think just a spontaneous reaction?

- M Bantges, Lincoln, 20/01/2010 14:15
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Why does it take public outrage and a forth coming election for New Labours law & order hoodlums to be shamed into doing the right thing?

Why have the Police been on strike for a decade and the courts think victims alone are guilty?

New Labour will be swept out of office in weeks.

What will the courts and police do then?

Start working properly or defy a Tory government and carry on betraying the British people?

- Barry, Wales, 20/01/2010 14:00
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Funny how this article neglects to mention the countless previous convictions the burglar had. Hopefully this will prevent the scum from robbing anyone else (although I suspect he will live happily on benefits). The Hussain's deserve medals for services to society.

- Dannyp, Egham, 20/01/2010 13:59
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The "learned" judges released this man because of the FURY of the population that a decent hard-working respectable man is locked-up for defending his loved ones from filthy dirty thieving threatening animal scumbags!

Mr Hussain is a hero in many people's books and rightly so!

The judges, collectively ,did a 360 degree turn within the space of 24 hours and labeled it under a different jurisprudence theory! Pathetic.

The sooner we can elect judges the better!

- James From Camden, London, 20/01/2010 13:56
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Releasing this man from prison was, in my opinion, a mistake. It sends out the wrong message to other would be thuggish activists. What he did was a criminal act inasmuch as he and his family members assaulted a man who was running away from their advances. The law is there to protect all of us and making exceptions only plays into the hands of moronic brains who cannot handle the concept of reason and proportionality. Relaxing the law makes us all more vulnerable to revenge merchants and we allow unworldy judges too much power at our peril.

- John Doohan, London Uk, 20/01/2010 13:55
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I am delighted Mr Hussain is released. He should NEVER have sent down in first place.

- Christina From Shepherds Bush, Shepherds Bush, London, 20/01/2010 13:39
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Law abiding citizen? Work hard, pay your tax?

Then don't think this government, judicairy, justice system or the police will protect you.

Simple rule: If you are being burgled DO NOT PHONE THE POLICE, deal with it yourself.

- Frank, Home Counties, England., 20/01/2010 13:36
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I would be looking to make a civil claim for damages to my cricket bat if that had happened to me.

By seriously hurting an intruder it sends out a message to the crimals in the area "you dont mess around with their family"

Physical pain and corpral punishment are all most of the dregs of society understand anyway.

Infuture the intruder will associate stealing with a very large pain in the back of his head so hopefuly he wont do it again.

- Guy Irvine, Wirral, 20/01/2010 13:31
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I'm glad Munir's sentence was reduced, however i disagree with most of the people here as i think his actions were nothing less than appalling considering the so called 'intruder' lived down the road apparently!! I think Munir and his brother are just as violent and thuggish as the intruder supposedly was. There are just too many things in this case that don't add up but hey never mind the great britsh public thinks its ok to nearly kill in a vicious and violent manner despite the fact that the person was running away from you ( why did they not just restrain him?). the hypocrisy of some of these comments is almost laughable - these are the same people who think knife wielders should be strung up but its ok to nearly beat someone to death.

- Kh, London UK, 20/01/2010 13:29
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Some might think the law before today an ass. Now this seeming injustice has been partially corrected at least one victim has been freed from an injustice that was not of his making.

- Tony, Hove England, 20/01/2010 13:25
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Symtomatic of a dysfunctional legal system where victims are jailed and the perpetrators walk free.....

- Frank, Bristol, 20/01/2010 13:23
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Good for him getting released. The man had every right to protect his home and family, maybe now other scumbags who think it's o.k. to break into others homes will think twice.

- Kay, London, 20/01/2010 13:21
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We are Absolutely sick and tired of criminals getting off lightly because this government cant afford to jail them. The money should come out of MP`s pockets, They, after all said and done, earn faboulous amounts of mone, Ask Tony Blair.

- Mick Collins, chelmsford, 20/01/2010 13:17
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I am glad that Mr Hussain has been freed. I disagree with the implication that the attack was revenge as such. The accused had been subject to a terrifying experience and they must have been enraged as they gave chase to the culprits. It should be remembered that the defendants were under enormous stress and were still acting under the influence of adrenaline. The way the attack is described as revenge makes the attack seem somewhat cold-bloodied and done with aforethought.

- Gary Sturt, Clacton, UK, 20/01/2010 13:15
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A step in the right direction - unfortunately though the victims are still considered to be in the wrong.
The Justice system is right to say that we should not take the law into our own hands - but only if they are enforcing the law properly, it is too often the case that the police catch the criminals, then the judges abbrogate their responsibility and let them go - it is time that the UK had a 'castle law' like texas - i.e. your home is your castle and the owner should have the right to take any action - including kill anyone who breaks in.
It is time the Government and Justice system remembered they are supposed to be serving the public, not ruling over them.

- Tim, London, UK, 20/01/2010 13:13
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Good news, he should never have served a day in jail.

- Kevin T, Beckenham, Kent, 20/01/2010 13:12
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You wonder why so many people are at discontent with Government and law? It's because of stupid things like this.

I say to the judge how would you feel if someone broke into your home and had your family hostage?

Even if they ran away and you and your family escaped the psychological scar will remain therein indefinitely, chasing after the burglar is a form of psychological defence as well as physical, the burglar might have returned another night, who knows?

The judge talks of not taking the law into ones own hands, but if one did not do such a thing, I doubt, highly, that the Police, the so-called upholders of law, would have been of little to no user, whatsoever.

People should be given more power to defend themselves, and extend that defence where it is felt necessary, as in this case the burglar was chased down the street, and hit with a cricket bat so hard the bat broke, how do we know that hit did not prevent the known criminal from offending another home?

This is an example of sheer stupidity on behalf of the judge, I just wish the Justice system in this country was a little more humane as opposed strict guidelines and laws, each case is different, and to apply the same laws to every case cannot work.

Judges have to have their own sense of justice, on top of some common sense as well.

They have to see it from an everyday citizen perspective, not from some wig-wearing, arrogant, all high and mighty judge's point of view.

- Sunny, London, 20/01/2010 13:07
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You wonder why so many people are at discontent with Government and law? It's because of stupid things like this.

I say to the judge how would you feel if someone broke into your home and had your family hostage?

Even if they ran away and you and your family escaped the psychological scar will remain therein indefinitely, chasing after the burglar is a form of psychological defence as well as physical, the burglar might have returned another night, who knows?

The judge talks of not taking the law into ones own hands, but if one did not do such a thing, I doubt, highly, that the Police, the so-called upholders of law, would have been of little to no user, whatsoever.

People should be given more power to defend themselves, and extend that defence where it is felt necessary, as in this case the burglar was chased down the street, and hit with a cricket bat so hard the bat broke, how do we know that hit did not prevent the known criminal from offending another home?

This is an example of sheer stupidity on behalf of the judge, I just wish the Justice system in this country was a little more humane as opposed strict guidelines and laws, each case is different, and to apply the same laws to every case cannot work.

Judges have to have their own sense of justice, on top of some common sense as well.

They have to see it from an everyday citizen perspective, not from some wig-wearing, arrogant, all high and mighty judge's point of view.

- Sunny, London, 20/01/2010 13:07
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Good. I think the overwhelming majority of us will welcome this development. If the criminal justice system worked in this country, people would not take the law into their own hands. We all know there is next to zero chance of a burglar being caught; sentencing is pathetic. I suspect many of us feel that Salem got a well-deserved punishment.

- Steven Davidson, Colchester, England, 20/01/2010 13:07
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Whose law is it? I can not take the law into my own hand!

It is therefore not my law but their law.

This can not be right in a democracy, it is my law that I delegate to the police and judiciary it implement on my behalf.

I there can and should take the law into my own hands if the people I have delegated too are not available.

The judiciary see to have lost site of there role – they work for us!!!

- Richard, Startford on Avon, Warwickshire, 20/01/2010 13:04
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A justice prevailed at last but wait for the European court if they want to say anything about this ruling. After all we don't live in an independent country any more!!!!

- Metin, bow, london, 20/01/2010 13:04
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my feeling is this: if you are crooked, crazy and bold enough to break into someone's home to steal and possibly kill the home owners...then, really, you put yourself in the position of getting whatever happens

- Why?, Brighton, UK, 20/01/2010 13:03
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At last a sensible decision, he should now pursue a claim against the piece of human excrement that broke into his home.

- P Staker, London, 20/01/2010 13:00
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I am very pleased to hear that Mr Munir Hussain has been released but sorry to hear that his brother has not been. Overall this decision seems to be a partial victory for common sense and for homeowners.

The judges should have ordered the burglars to buy Mr Hussain a new cricket bat. What was Mr Hussain supposed to pursue them with - a pillow ?

- Andrew, Hampton Hill, 20/01/2010 12:59
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At last there is justice. I would do the same to defend from the parasite scum of the world.

- Simon, nottingham, 20/01/2010 12:55
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