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Does a Burglar consent (volenti non fit injuria)?

Re: Does a Burglar consent (volenti non fit injuria)?

Postby Smouldering Stoat » Sat Aug 16, 2014 9:05 am

Sounds like the opening of a Rebus novel.
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Re: Does a Burglar consent (volenti non fit injuria)?

Postby shootist » Sat Aug 16, 2014 9:18 am

Hairyloon wrote:Let us consider a less explosive scenario.
The householder has, for entirely reasonable and lawful reasons, a quantity of methanol stored in his shed.
For some reason he wants a smaller quantity in a more convenient bottle and the bottle which comes to hand formerly contained vodka. He decants some into the bottle, labels it as toxic and leaves it on the shelf.
Subsequently a burglar breaks into the shed and spies the vodka bottle full of a colourless volatile alcoholic spirit which he assumes is vodka. He pops it in his swag bag for later...


But all vodka should be labelled as toxic anyway. Same goes for all alcoholic beverages.
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Re: Does a Burglar consent (volenti non fit injuria)?

Postby atticus » Sat Aug 16, 2014 9:23 am

Rebus would be investigating poison in a whisky bottle. Probably some little-known distillery from Tobermory.
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Re: Does a Burglar consent (volenti non fit injuria)?

Postby shootist » Sat Aug 16, 2014 10:08 am

I thought Rebus was some sort of medical complaint.
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Re: Does a Burglar consent (volenti non fit injuria)?

Postby atticus » Sat Aug 16, 2014 10:20 am

Did you? Perhaps it was.

Although Wikipedia suggests not: http://en.m.wikipedia.org/wiki/Rebus_(disambiguation)
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Re: Does a Burglar consent (volenti non fit injuria)?

Postby shootist » Sat Aug 16, 2014 10:59 am

atticus wrote:S31 Offences Against The Person Act 1861:
Whosoever shall set or place, or cause to be set or placed, any spring gun, man trap, or other engine calculated to destroy human life or inflict grievous bodily harm, with the intent that the same or whereby the same may destroy or inflict grievous bodily harm upon a trespasser or other person coming in contact therewith, shall be guilty of a misdemeanor, and being convicted thereof shall be liable . . . and whosoever shall knowingly and wilfully permit any such spring gun, man trap, or other engine which may have been set or placed in any place then being in or afterwards coming into his possession or occupation by some other person to continue so set or placed, shall be deemed to have set and placed such gun, trap, or engine with such intent as aforesaid: Provided, that nothing in this section contained shall extend to make it illegal to set or place any gin or trap such as may have been or may be usually set or placed with the intent of destroying vermin: Provided also, that nothing in this section shall be deemed to make it unlawful to set or place, or cause to be set or placed, or to be continued set or placed, from sunset to sunrise, any spring gun, man trap, or other engine which shall be set or placed, or caused or continued to be set or placed, in a dwelling house, for the protection thereof.


I'm uncertain whether this is still in force. Assuming it is, please note that traps may be set between sunset and sunrise to protect property; it remains an offence to set traps intended to kill or inflict GBH.

Here's the link, for you to add to your posts in your shooting forum: http://www.legislation.gov.uk/ukpga/Vic ... section/31


Just working from memory, and probably insufficient knowledge, but is there not still a general principle that it a thing is legal under one act, but not under another, then it's legal?
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Re: Does a Burglar consent (volenti non fit injuria)?

Postby atticus » Sat Aug 16, 2014 12:02 pm

I think you need to look at what said thing is, and at the various pieces of legislation. Perhaps all can be reconciled and made clear.
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Re: Does a Burglar consent (volenti non fit injuria)?

Postby shootist » Sat Aug 16, 2014 12:09 pm

I think I will just put up a sign saying "Trespassers enter at their own risk, which will be considerable."
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Re: Does a Burglar consent (volenti non fit injuria)?

Postby Hairyloon » Tue Mar 08, 2016 12:12 am

I am reminded that I never did get an answer to the question of whether the householder was likely to get trouble from poisoning his burglar and company.
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Re: Does a Burglar consent (volenti non fit injuria)?

Postby shootist » Tue Mar 08, 2016 6:56 am

Hairyloon wrote:I am reminded that I never did get an answer to the question of whether the householder was likely to get trouble from poisoning his burglar and company.


That's an easy one to answer.

Here is the answer.


It depends upon the circumstances. 8-)
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