Another Story from the Place Where Great Britain Used to Be

(Via Oscar Poppa)

Burglar dies after falling from top-floor window following confrontation with homeowner

by JAYA NARAIN Last updated at 17:49pm on 9th August 2007

A homeowner was arrested after a burglar plunged from the balcony of his top-floor flat and later died in hospital.

The intruder suffered head injuries and died in hospital after falling around 30ft on to a concrete path.

Now, for most of us the knee-jerk reaction would be "Them's the risks you take, chum." After all, in at least some jurisdictions here in the states a homeowner is legally justified in shooting a burglar upon discovery, and that often causes severe injury and even death.

But not in formerly Great Britain:

Patrick Walsh, 56, awoke to find an intruder in his flat on Corkland Road in Chorlton-cum-Hardy, south Manchester.

Police say "following an exchange of words" the 43-year-old suspect fell from the fourth floor window on to the pavement below.

He suffered massive injuries from the fall, at around 6.10am on Monday.

The man was taken to Manchester Royal Infirmary with serious head injuries before being transferred to Hope Hospital, where he was pronounced dead at about 11am today.

Police conducted a detailed forensic examination of the flat after the incident.

Walsh was arrested on suspicion of causing serious bodily harm and bailed until November pending further police inquirers.

Mr. Walsh, awakened from a sound sleep and having done nothing other than defend his property has been arrested for that crime. It's bizzaro world.

His solicitor, Victor Wozny, said today: "My client is not at liberty to say anything because he is under police bail.

"However we appreciate that the public view might be that this is a man arrested in his own home defending his own property."

Might be, might not. Doesn't matter. The Crown Prosecution Service doesn't listen to the public. Pretty much, neither does the rest of the civil government.

A spokeswoman for Greater Manchester Police said, "Inquiries are ongoing to establish the circumstances surrounding this incident.

"A 56-year-old man from Chorlton has been arrested on suspicion of section 18 assault and bailed, pending further inquiries."

I wonder if this Inquiry will last six weeks like the one 63 year-old Thomas O'Connor suffered through before the Crown Persecution, er Prosecution service concluded that "it is not believed we would be able to disprove a case of self defence" against Mr. O'Connor, who was blind and suffered from arthritis and heart problems. Or instead will they go ahead and charge Mr. Walsh and convince him to plead to manslaughter instead of risking a murder conviction, as was done to Brett Osborn? After all, as Mr. Osborn's lawyer explained, in England:

The law...does not require the intention to kill for a prosecution for murder to succeed. All that is required is an intention to cause serious bodily harm. That intention can be fleeting and momentary. But if it is there in any form at all for just a second - that is, if the blow you struck was deliberate rather than accidental - you can be guilty of murder and spend the rest of your life in prison.

Moreover...while self-defence is a complete defence to a charge of murder, the Court of Appeal has ruled that if the force you use is not judged to have been reasonable - if a jury, that is, decides it was disproportionate - then you are guilty of murder. A conviction for murder automatically triggers the mandatory life sentence. There are no exceptions.

Mr. Osborn decided not to risk it, rather than trust his fate to his fellow subjects.

I'm curious as to what Mr. Walsh's fate holds for him.

The pair argued and the confrontation moved towards the rear window of the flat.

It is believed the intruder then smashed the window and clambered out on to a narrow ledge and fell to the ground.

Mr Walsh phoned police and at around 6.30am officers found the man on the ground outside the smart Victorian apartment block in Chorlton-cum-Hardy,

He was taken to hospital with serious head injuries.

Officers arrested Mr Walsh on suspicion of causing grievous bodily harm with intent and are trying to establish whether the intruder was forced out of the window.

Arrest first, investigate later. Nice SOP.

The arrest is expected to fuel arguments about the rights of householders to defend themselves against burglars.

Gee, ya THINK??

Patrick Walsh

Under suspicion: Patrick Walsh yesterday

The issue has been high on the law and order agenda since farmer Tony Martin was jailed for shooting dead a burglar in 1999.

Following the Martin affair the Crown Prosecution Service and the Association of Chief Police Officers said any householder can use reasonable force to protect themselves or others, or to carry out an arrest or to prevent crime.

A neighbour said: "Police arrived in what seemed to be minutes and were there for the whole day.

"It's shocking to find out what has happened but people shouldn't break into other people's houses."

Another resident said: "I presume we will have to respect the burglar's rights while his victim has the nightmare of court hanging over his head. It all seems so unfair."

That's because it is unfair. That's what happens in a pacifist society.

A spokesman for Greater Manchester Police said they had been called following reports that an intruder had fallen from a top-floor flat.

"Following an exchange of words, the alleged burglar was found unconscious on the pavement outside the flat.

"It is believed that he had fallen from the fourth-floor window."

Mr Walsh has been released on bail until November. If charged and convicted he could face a life sentence.

Because he had the temerity to defend himself in a culture that has had pacifism forced upon it.

Australian blogger Tim Lambert and I have had several long, involved exchanges over whether British subjects can legally defend themselves. I don't know what conclusion he's reached, but mine is that - while it's possible - it doesn't pay to bet that way. And, moreover, the British media, in cooperation with the Crown Prosecution Service, runs stories like this that ensure the general public knows just how risky defending yourself can be. Tim even admitted as much in the last sentence of one of his posts, but blamed it not on the Crown Prosecution Service, but upon us "Gullible Gunners." After all, who wants to spend even five years in jail - much less life - for defending yourself?

Instead, British subjects should heed the advice of the British police on how to be a good victim:

If we were attacked, we were to assume a defensive posture, such as raising our hands to block an attack. The reason was (and she spelled it out in no uncertain terms) that if a witness saw the incident and we were to attempt to defend ourselves by fighting back, the witness would be unable to tell who the agressor was. However, if we rolled up in a ball, it would be quite clear who the victim was.

That way you only risk injury or death to yourself or your loved ones. The criminal will, of course, be unharmed.

No wonder 4,000 people a week are trying to flee Britain.

UPDATE, 8/12 via Civis Proeliator:

No action to be taken against householder over intruder fall

A householder arrested after a suspected burglar died falling from the top floor window of his flat will have no further action taken against him, police confirmed today.

Patrick Walsh, 56, awoke in the early hours of last Monday to find an intruder in his flat on Corkland Road in Chorlton-cum-Hardy, south Manchester.

Police said "following an exchange of words", the 43-year-old suspect fell from the fourth floor window on to the pavement below.

He suffered massive injuries from the fall and died in hospital on Thursday.

Mr Walsh was arrested and questioned by detectives while forensic officers conducted a detailed examination of his flat.

He was bailed until November, but police have now concluded no further action against him is necessary.

A post-mortem examination revealed the dead man died from injuries conducive with a fall and they are not treating the death as suspicious. The case has been passed to the coroner.

A spokeswoman for Greater Manchester Police said: "The 56-year-old man from Chorlton, who was arrested on suspicion of section 18 assault, has had his bail cancelled and no further action will be taken against him."

Hey! It didn't take six weeks! Looks like Mr. Walsh rolled a seven this time.

But I wonder if he'll hesitate before defending himself if anything like this ever happens to him again. And in the place that used to be Great Britain, the odds of that happening are pretty high.