How can defendant Mark claim self defense (or his girlfriend) when they were illegally within the victim's home? He was either a wrongdoer, an accessory, or a co-conspirator commiting a nefarious act at the time of the victim's death.
shareI don't think Britain has a Felony Murder law.
Also, I believe in Britain it is illegal to defend your property, so if someone breaks into your home and robs you, your supposed to sit quietly and let them. Which is why in the UK a lot of home robberies happen while people are at home, while in the US a lot of home robberies happen when people are not at home.
In the US if someone breaks into your home while you are there, it is considered a home invasion and you are legally entitled to defend yourself and your family with lethal force if necessary. The operative word being "Defend". If you shot a thief in the back while they were trying to climb out the window to escape, then that would still be considered murder in the US with the shooter being prosecuted. I believe that is true even with those "Stand your ground" laws, because if the criminal is fleeing, you are no longer under attack, and therefore your not "standing your ground" your attacking.
After a bit of research I found that although the FMR was Common Law, it was abolished in the UK in 1957.
I remember in law school humor that if the intruder is shot in the yard, the body better be dragged back into the home before the police arrive.
The referenced "stand your ground" and "flee to the wall" is applicable to A&B cases and not B&E.
[bAlso, I believe in Britain it is illegal to defend your property, so if someone breaks into your home and robs you, your supposed to sit quietly and let them. Which is why in the UK a lot of home robberies happen while people are at home, while in the US a lot of home robberies happen when people are not at home.][/b]
Absolutely UNTRUE!!!!. In the UK you are allowed to use "reasonable force" (which is for the courts to decide as there is no legal definition). The most famous case of Tony Martin who was convicted of murder for killing a burglar was because the robber was running away when he shot him.
A more recent case the householder was acquitted after stabbing an intruder that was on his property.
Also, the Tories are unfortunately thinking of changing the rule and allowing courts to take a more favourable view of a homeowner in such cases. Bleurgh.
Chaos... panic... disorder... My work here is done!