|
Stouthrief (alternatively stouthreif〔According to William Roughead - "Trial of Dr. Pritchard - Notable Scottish Trials" the spelling should be STOUTHREIF. See p.343, reference to the execution in front of New Prison of Dd.Little on 27th. January 1831 for stouthreif.〕) is the Scottish criminal offence of use or threat of violence against a householder who defends themselves during a housebreaking; it is additional to any associated robbery offence.〔(A practical treatise on the criminal law of Scotland - John H A MacDONALD 1867 )〕 It is to be distinguished from the offence of Hamesucken which is breaking into the home of an individual and assaulting him where that is the initial purpose. Both are offences in Common Law, typically to be found in the description of the offences libelled in court relative to a single incident rather than in the usually less-detailed newspaper reports of such a trial. Section 285 ("Certain crimes not to be tried in inferior courts") of the Criminal Procedure (Scotland) Act 1975 prevents prosecution for stouthrief in a court of summary jurisdiction other than a Sheriff Court. Although rarely used, prosecutions for Hamesucken were brought in 2011〔 and 2015. == References == * http://www.nls.uk/broadsides/broadside.cfm/id/14713 〔 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Stouthrief」の詳細全文を読む スポンサード リンク
|