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calendar   Wednesday - January 20, 2010

UPDATE: Arrested for beating up a burglar, homeowner wins appeal as common sense wins

Wins for this one time anyway.  The country at large was outraged when he and his brother were convicted.  So this is happy news.
Score one for the good guys for a change. Now if only a habit could be made of this.

UPDATE

Judge frees millionaire jailed for attacking knife-wielding burglar saying he was ‘a peaceful man who feared for his family’

By Daily Mail Reporter
Last updated at 6:28 PM on 20th January 2010

A millionaire businessman jailed for attacking a career criminal who kidnapped his family and held them at knife-point has walked free from prison today.

Munir Hussain’s 30-month sentence was reduced to a ‘merciful’ term of two years suspended by the Lord Chief Justice, Lord Judge, and two other judges at the Court of Appeal in London.

Munir was met by his son Awais as he was released from Bullingdon Prison in Oxfordshire.

Lord Judge said the ‘plain, simple reality’ was that Munir was a peaceful man who was acting as a response to the ‘dreadful and terrifying ordeal’ while fearing for the lives of his wife and daughter.

Munir’s brother Tokeer Hussain, 35, had his 39-month jail term reduced to two years.

The brothers, described as family men at the heart of the local community, were sentenced after being found guilty of causing grievous bodily harm with intent.

Neither man was present in court for the ruling.

The decision to free Munir was made by Lord Judge, Mrs Justice Swift and Mr Justice Sweeney. Lord Judge said the case was one of ‘true exceptionality’.

A sentence of two years was in itself ‘merciful’, but he added: ‘We have come to the conclusion that we have ample justification for ordering that it should be suspended.’

Lord Judge added: ‘The plain, simple reality is that Munir Hussain was acting under the continuing influence of extreme provocation.

‘Involvement in this serious violence can only be understood as a response to the dreadful and terrifying ordeal and the emotional anguish which he had undergone.’

He was a peaceful man who acted ‘totally out of character, in hot blood… and without detached reasoning’, Lord Judge said.

‘He feared for their lives and the honour of his wife and daughter.’

Referring to the attack on Salem, Lord Judge said: ‘In the overwhelming majority of cases where public violence by a gang produces injury as serious as this, very long prison sentences are required.’

Cases of ‘mob violence’ caused great public concern, he said, but this was ‘not an ordinary or normal case or one that falls within the overwhelming majority of cases, not least because of the character of the two appellants’.

Munir was a hard-working family man, who makes a ‘positive contribution to the general community’.

The judge said: ‘It is rare to see men of the quality of the two appellants in court for offences of serious violence.’

Reducing Tokeer’s sentence, but not suspending it, Lord Judge said: ‘He himself was not the victim of any crime.

‘He will not have to live with the consequences of the crime.’

Millionaire Munir was jailed in December last year for attacking a burglar who held his family hostage at knifepoint while masked robbers threatened to kill them.

His case provoked a public outcry when he and Tokeer - who live near each other in High Wycombe, Buckinghamshire - were jailed for injuring career criminal Walid Salem, while the convicted burglar walked free.

Munir and his wife and children returned from their local mosque during Ramadan to find three intruders wearing balaclavas in their home.

He feared for their lives as their hands were tied behind their backs and they were forced to crawl from room to room.

SOURCE AND MORE


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Posted by peiper   United Kingdom  on 01/20/2010 at 04:46 PM   
Filed Under: • Judges-Courts-LawyersMiscellaneousUK •  
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