Defending Your Property And Family

[lectro]

As we know in the UK this is not allowed. Looks like in Ireland common sense prevails. I believe that the law is going to change next year so that you have the right to defend and that intruders have no rights - i.e. someone breaks into your house, you smack him one or chase him and he's injured then tough shit for the intruder. If I can find the link I'll post it. The case below might seem extreme but there are many facts not shown here - he was burgled numerous times etc. Google is your friend.

 

From todays Irish Independant - sorry hotlinks not allowed hence the copy and paste.

 

 

Jury sets farmer free after 16 hours of deliberation

 

 

AN emotional Padraig Nally broke down in tears last night after he was cleared of the manslaughter of Traveller John 'Frog' Ward.

 

The 62-year-old initially showed no reaction when the jury returned its verdict after nearly 16 hours of deliberations, and kept his eyes fixed on the floor.

 

But shortly after, he broke down - as did his sister Maureen - and expressed sorrow for the Ward family.

 

Friends celebrated as Mr Justice Kevin O'Higgins said: "The accused may be discharged."

 

But the tearful widow of Mr Ward spoke of her deep dismay at his release. Marie Ward said: "It's a bad day, I expected he would go back to jail."

 

Supporters of the Mayo farmer sent a strong message to Justice Minister Michael McDowell to take note of the verdict, and to "protect the people of rural Ireland".

 

Speaking outside the Four Courts, Mr Nally said: "I want to thank the jury for their long deliberations, I want to thank the legal team, I want to thank (Senior Counsel) Brendan Grehan.

 

"I feel sorrow for the Ward family who have lost a father and are left with young children," he added.

 

His neighbour, Michael Varley, whom he contacted to ring an ambulance for him immediately after Mr Ward's death, said: "He is relieved it is all over as he is an innocent man."

 

His friend and supporter, Paddy Rock, said they were overjoyed with the result.

 

He said their sympathies were with the Ward family at the loss of their father. He said this had nothing to do with settled people and Travellers, but rather it was an issue where an intruder came into a man's home.

 

Mr Nally, of Funshinagh Cross, Claremorris, shot the father of 11 at his farm on October 14, 2004.

 

Last year, the bachelor farmer was handed a six-year sentence for the manslaughter of Mr Ward. The 42-year-old was shot twice and beaten with a stick after he entered Mr Nally's farmyard. But in October the jury verdict was overturned and Mr Nally was freed from jail.

 

He was freed after the Court of Criminal Appeal ruled that Judge Paul Carney, the High Court judge at the original murder trial, had erred in law by failing to allow the jury the opportunity to return a verdict of not guilty.

 

Mr Nally believed Mr Ward had been on his land to commit a burglary and he said in evidence he had been living in fear.

 

Mr Nally had pleaded not guilty to the manslaughter of Mr Ward who was from the Carrowbone halting site in Galway.

[Rock]

Good.

[Gladys]

I think you can defend your family and property providing you use reasonable force. Killing someone to protect your property probably wouldn't be reasonable just as perhaps shooting someone who has a gun to your family member's head may be. Nothing new in that and ther emsut be more to this case than is reported here.

[John Wright]

The law in Ireland, England and IOM is virtually identical

 

You can use reasoanble force to protect yourself and your property.

 

You must try and retreat for the first, if you can, and give warning for the second. Then you can use resaonable force

 

It is for the jury to decide what is reasonable in the circumstances, but no setting traps, no using a gun if the circumstances do not warrant it.

 

We do not know all the facts, but two shots and beating the intruder?

[lectro]

The law in Ireland, England and IOM is virtually identical

 

You can use reasoanble force to protect yourself and your property.

 

You must try and retreat for the first, if you can, and give warning for the second. Then you can use resaonable force

 

It is for the jury to decide what is reasonable in the circumstances, but no setting traps, no using a gun if the circumstances do not warrant it.

 

We do not know all the facts, but two shots and beating the intruder?

 

Do a search for "Padraig Nally" - there's loads of info. Personally I don't think he intended to kill him - just frighten him off. Difficult one to judge but the jury obviously felt that he was defending himself and his property.

[The Old Git]

It is for the jury to decide what is reasonable in the circumstances, but no setting traps,

 

So "Home Alone" isn't valid case law?

[Lonan3]

It is for the jury to decide what is reasonable in the circumstances, but no setting traps,

 

So "Home Alone" isn't valid case law?

 

No...of course not, silly! In America it's a legal requirement to shoot anyone who trespasses on your property.

[immortalpuppet]

Or in the state of florida you can shoot someone when you feel threatened.

[The Old Git]

Or in the state of florida you can shoot someone when you feel threatened.

 

But how about when I just feel pissed off, or is that reserved for postal workers?