Friday, July 10, 2015

Uh??

A legal curiosity - indeed a double curiosity.  A man has appeared before a Scottish Sheriff Court on a charge of hamesucken.  This is an ancient offence for which the punishment at one time was death. It is defined as "pursuing someone into their home to assault them".  So all very archaic and oldy-worldy, but why the double curiosity?  Because on the facts as reported the offence was not committed.  What distinguishes hamesucken from simple breaking and entering is the word "pursuing". And yet it appears that this was a case of a 93-year-old woman who was awoken at 2 a.m. by the presence of a man in her bedroom who then went on to attack and rob her.   So robbery, assault, GBH and all that - yes, but not as far as I can see, hamesucken.  Be interesting to see where this goes.

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