2007-06-12 11:33:54 · 24 answers · asked by I'm Sparticus 4 in Politics & Government ➔ Law & Ethics
My point to all who have kindly answered with a balanced reason is still this.....Once they are over the wall. Or then, (and this isn't the case) booby traps within his four walls?
2007-06-12 11:53:13 · update #1
To all you wonderful cynics, even I have a few 'friends'.
2007-06-12 11:54:35 · update #2
sian morris: Not today thanks and I hope neither are you.
2007-06-12 12:01:36 · update #3
SO. Some of you inform me that nowhere is considered sanctuart unless it is 'firmly secured'. Now I'm feeling upset. I will tell my friend that if he 'catches' anyone they are prompyly buried to feed next year's bean crop. AHHHHH the Olde days!
2007-06-12 12:04:54 · update #4
unfortunately so, under the oocupiers liability act a property owner has a duty of care to anybody on his property and that even included burglars. Brilliantly though if he puts up notices every 6 feet or so on the walls stating that such traps are in progress he has removed liability as anyone entering the property has accepted this risk as a condition of entry
2007-06-12 20:12:29 · answer #1 · answered by vdv_desantnik 6 · 0⤊ 2⤋
In the UK, indeed it is! He is leaving himself wide open to both civil action for damages in tort and criminal charges for any damage he may cause any such intruder. This would include any wounding, GBH or death that may occur - if his intent is actually to kill and any intruder he caught were to die, he would almost undoubtedly be charged with murder.
One suggests rather strongly that said friend ceases and desists from such activities if he wishes to maintain his liberty...!
And to the person above who said it would depend upon the nature of the threat he encountered, I'm afraid not! The setting of the traps is premeditated and for the sole intention of wounding - it would definitely not be justified as either a common law defence, or under s.3 Criminal Law Act 1967 (even in the case of the latter, he thought the intruder was either about to, or in the process of committing an offence).
ADDITIONAL:
p.s. He couldn't even lawfully do this in the privacy of his own bedroom, never mind once the intruder was within his four walls!
Simpleturtlesponge - Am really sorry to inform you that even then you may not be safe from liability in tort, as the Occupiers Liability Act 1984 imposes a duty of care upon all occupants to ensure that reasonable care is taken to ensure the premises are safe to be upon! OLA 1984 is specifically for "persons other than visitor" - i.e. it includes intruders!!!
2007-06-12 11:43:17 · answer #2 · answered by . 4 · 1⤊ 0⤋
Few years ago a guy who had been burgled a few times decided to wire up this window frames and handles with 240 vaults. Some guy was trying to break into his house and was injured by the shock. The Police charged the guy for causing grievous bodily harm, or some such thing I can't remember. But we was charged and prosecuted for a criminal offence. The police consider that as taking the law into your own hands and that really p.sses them off, they don't like people doing that.
Guess bear traps is not a great idea. That's in the UK anyway. In the USA you have different laws regarding protecting your property.
2007-06-12 11:41:07 · answer #3 · answered by trouble_906 4 · 1⤊ 0⤋
All booby-traps are illegal in every state. - Darn it!
I know a guy from Bulgaria who raised watermelons. Every year the melons in the first four rows along the roadside were stolen.
a local doctor gave him a laxative to inject in them. When someone came in to the doctor for medicine to cure the resulting problem, they were presented with a bill and a citation.
We should take lessons form Bulgaria!
2007-06-12 11:48:18 · answer #4 · answered by Philip H 7 · 1⤊ 0⤋
where?
in my town, he'd certainly be guilty of something fairly serious if the trap were ever used.
If citizens are responsible for their own protection, and can take whatever steps are necessary to guarantee it, then you end up with Afghanistan.
"Police" is a deal that society makes with itself to avoid that. Your friend is a whole lot less safe in a world where the bear traps are legal.
2007-06-12 11:41:12 · answer #5 · answered by wild_eep 6 · 0⤊ 0⤋
In the UK, yes.
If anyone (including intruders/burglars) were injured by them, they could sue you, and you could end up facing other charges as well.
I've read reports of people placing barbed wire of broken glass on top of walls to deter criminals, but the council has made them remove them for the same reason.
2007-06-12 11:43:28 · answer #6 · answered by Anonymous · 1⤊ 0⤋
Erm yeah I think it probably is! As far as I know those kind of traps are illegal in the UK for catching animals never mind humans, although it's not a bad idea.....
2007-06-12 11:38:23 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Same as Em I laughed out loud at this question! Who are you mates with? The part of the sentence "to kill intruders" makes it seem like it'd be illegal.
2007-06-12 11:46:56 · answer #8 · answered by Mike T 6 · 1⤊ 0⤋
it depends. the harm inflicted upon an intruder/trespasser can only be equal to the threat they show towards you. if someone just thinks about breaking in, and shows no sign of hurting your friend, and then gets hurt with this bear trap, your friend will get in serious trouble potentially in criminal court and almost for sure in civil court.
2007-06-12 11:41:59 · answer #9 · answered by matcoach2382 2 · 0⤊ 0⤋
Under the common law of England, the use of what were called "springes [sic] and traps" for the purpose you described was unlawful. Not necessarily criminal, but definitely creative of tort liability.
2007-06-12 12:04:09 · answer #10 · answered by Anonymous · 1⤊ 0⤋