He has previously shown himself to be a man of common sense so Well Done to Judge Judge and two other's sitting who sensibly heard the appeal of Munir HUSSAIN and gave him a suspended sentence for inflicting GBH on the burglar who entered his home. As the law stands this was all they could do and it is a fair judgement, and that's all anybody could ask for.
I've already posted on similar cases and as always the law throws up exceptional cases such as this one where the burglar was chased down the road and beaten, receiving injuries . I do have sympathy for Tokeer HUSSAIN who remains in jail but he too got his sentence reduced and will be out soon. I don't know the medical evidence of the injuries received by Walid Salem, but as he has been arrested for a crime since can assume his recovery is going well.
I do wonder if Mr Salem would be due compensation from the CICA or even have the gall to sue millionaire businessman Munir HUSSAIN for civil damages. If he does I hope whoever sits in judgement gives him short shrift.
Thursday 21 January 2010
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I abhor violence but do believe this is a fair result. If anyone threatened my family I would do anything to protect them. Salem shouldn't have been there in the first place.
No CL you got it wrong - Salem should be there -- he was the burglar -- unfit to plead but fit to commit more crime since.
So Wrong ......
SOC - You misunderstand. I meant he shouldn't have been in the house in the first place. If you invade someone's property you can't expect that they won't react!!
Apologies from me CL Doh :-) .. Interesting case in that he had fled and was chased away from the house .. if he was inside and got battered things "might" have been different - needs clearing up in law me thinks .. if on your property.
M'lud got it right here .. in the circumstances.
Apology accepted SOC :o)
I can confirm, he would not be eligible for a CICA claim due to conduct - paragraph 13 of the criminal injuries scheme would be used I do believe.
Without knowing the ins and outs that'd cover his conduct leading up to the incident that's not even considering if he has previous convictions..
The CICA isn't a soft option that throws money out.
Yep, a fair judgement. You can't have people pursuing crims to give them a beating, however much they deserve it. In your own home, however...
However, Mr Hussain was obviously in a highly emotional state (hardly surprising in the circumstances) and didn't deserve to do gaol time.
The suspended sentence seems to say "You did wrong, but we can understand why. Now go away and don't do it again."
Excdellent to hear a bit of good news. Think all that can be said about this & similar cases has been said - here and on other blogs / sites - but as our host observes, this is the best result that could be hoped for as the law stands currently.
"Well done" to the judge for a common-sense ruling & congratulations to Mr Hussein on his freedom. Here's hoping that that Tokeer H is out pretty sharpish, too.
There is a point where intentional distorion of a case presented by a criminal defence lawyer (and those acting in collusion with him/her) is so perverse that it amounts to criminal offence(s) in itself.
A Court so easily duped that there was no serious challenge to the defence assertion of Salem being unfit to plead, was run by a simpleton, or it was criminally derailed by corrupt professionals.
Misrepresented injuries will result in harsher sentences for 'assailants' and the original verdict and sentence appeared quite just to many civilians - until Salem's resumption of 'business as usual' was later revealed.
Good sensible outcome, but expect anything from the appeal process. The bloke who shot and crippled my mate (armed robbery) got about £16k because his parole was deemed `unnecessarily delayed` by 18 months. The fact that he shot a uniformed, unarmed police officer at point blank range, resulting in him never walking again but managed to be released back into society after a spell in stir, says it all.
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