Judge backs farmer who shot burglar

13 April 2012

A burglar shot during a raid on a farmhouse has been jailed for seven years - while the farmer who fired at him has been backed by a judge.

Derby Crown Court heard how John Rae, 22, had targeted Kenneth Faulkner's isolated home three times in July and August last year before the pensioner hit back.

Describing Rae as "an absolute menace", Judge Andrew Hamilton said Mr Faulkner "could not be criticised" for defending his home at Keys Farm, Ockbrook, Derbyshire.

Rae, of Stanton by Dale, sustained a pellet wound to the leg when he was shot returning to steal from the property for the third time.

The Crown Prosecution Service ruled no charges should be brought against Mr Faulkner, 73, after deciding he had been acting "in legitimate defence" of his property.

Derby Crown Court heard how Rae had taken an array of weapons and a mechanical digger from the farm.

During the first raid, in July 2003, he and two other men broke into a gun cabinet and took five shotguns, a longbow, arrows, a crossbow and bolts.

Rae alone then returned early in August, when he took a mechanical digger from Mr Faulkner's garage. He returned the next day but this time his victim was armed.

Mr Faulkner fired at the intruder in a bid to frighten him away, the court heard - but ended up shooting him in the leg.

Rae admitted three offences of burglary and one of burglary with intent at the farm as a result of his three raids.

He also pleaded guilty to three burglaries at industrial units in Ilkeston and offences of theft and handling, all in June 2003.

And he admitted the theft of a car and burglary of a farm in Oakham, Rutland, and asked for 16 similar offences to be considered.

Passing sentence, Judge Hamilton said Mr Faulkner had lost his wife, was 73 years old and had been burgled twice before.

It was "very sensible", he said, for the pensioner to take out a shotgun when he heard an intruder in his home.

"For him, it has been a most harassing and terrible incident," he said.

spokeswoman for Derby Crown Prosecution Service said: "The decision was not taken lightly, only after a thorough review of all the available evidence and careful consideration of the specific circumstances of this case.

"Before deciding whether to prosecute, the CPS must be satisfied that there's sufficient evidence to provide a realistic prospect of conviction.

"On this occasion, we made the decision not to charge Mr Faulkner on the basis that a prosecution would not be able to demonstrate the high standard of proof required in a criminal prosecution that he had committed an unlawful act.

"I would suggest that our decision was reached only after taking into account the particular circumstances of this incident.

"It does not mean that anyone using violence against an intruder is above the law and would not face prosecution."

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