|
In last months newsletter we reported on the case of Edwin Pitkin who cleared over the fatal stabbing of 32-year-old Mark Woods whom he believed to be a burglar breaking into his house.
In this months newsletter we thought we’d follow up that theme by reporting on the case of shopkeeper Tony Singh who was found not guilty of killing an armed robber in February of this year.
Tony Singh, 34, was attacked shortly after closing up his Skelmersdale shop at 9.40pm on Sunday, February 17, this year and was about to drive home when Kilroe struck. Kilroe smashed the driver’s side window of Mr. Singh’s Ford Focus with the butt of his knife and reached in to demand the takings. The shopkeeper resisted. Kilroe then forced his way into Mr. Singh’s car on Birleywood, Digmoor, clutching the knife in an attempt to steal the day’s takings from the Lifestyle Express store. Mr. Singh fought back and, after a fierce hand-to-hand struggle, Kilroe was seen by witnesses to stagger away clutching the knife to his chest. Kilroe was taken to hospital, where he died from a single stab wound to his chest from his own weapon.
As a result of the struggle Mr. Singh was left bleeding heavily from stab and slash wounds to the back of his head and neck.
Kilroe, of Billinge, near St Helens, had convictions stretching back nine years and was in breach of bail conditions at the time of his death. He had failed to appear in court to answer charges that he carried out armed robberies at a shop and post office with an imitation firearm, and in one raid a postmaster was hit over the head with a handgun but the robbers fled empty-handed. In a second robbery, at a general shop in Croston, Leyland, they forced a woman behind the counter to open the till at gunpoint and hand over £8,000.
Crown Prosecution Service lawyers confirmed that no charges would be brought against Mr. Singh. The CPS declared he had acted in self-defence and used reasonable force against Kilroe, who had a string of convictions and was due to stand trial the following day over another robbery allegation. Mr. John Dilworth, assistant District Crown Prosecutor for South West Lancashire, said: "We have decided that Mr. Singh was acting in self defence... he used reasonable force."
The shopkeeper, who runs the Lifestyle Express general store in Skelmersdale, Lancashire, said: “I feel lucky to be alive. All I was doing was trying to stop myself getting hurt. The guy could have killed me. I have got some injuries to my face and I am pretty shaken up but, thankfully, I am OK and able to return to work. It could have been so much worse. If one of the wounds had gone one inch either way, then it could have been fatal for me.”
The case itself highlights the points made by Professor Garry Slapper in his article ‘The Law Explored’ (which we have also included in this newsletter) where he makes he refers to the official advice provided by the Guidance issued in 2005 by the Crown Prosecution Service and the Association of Chief Police Officers which says that: “So long as you only do what you honestly and instinctively believe is necessary in the heat of the moment, that would be the strongest evidence of you acting lawfully and in self-defence. This is still the case if you use something to hand as a weapon”.
Therefore, if our common and criminal law allows for as much force to be used as is ‘reasonable in the circumstances’, why then is that right is being ‘watered down’ in certain areas of our society? What I am referring to is the fact that many staff who are expected to deal with a vulnerable client group who, at times, possess the ability to provide circumstance in which a high level of risk will manifest itself, are given restraint or breakaway techniques that are highly probable to fail to provide the level of force required to bring such a foreseeable situation under control?
To read Professor Garry Slappers article - click here
If you would like to attend a Restraint & Breakaway Instructors Course that is fully compliant with UK law (including the Human Rights Act and Children's Legislation) - click here |
