Stouthrief

Stouthrief

Stouthrief

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Stouthrief or stouthreif[1] (Scots: stouth 'theft' + rief 'reiving, robbery') is the Scottish crime of use or threat of violence against a householder who defends themselves during a housebreaking; it is additional to any associated robbery.[2]

It is to be distinguished from the crime of hamesucken (Old English: hám-sócn, lit. 'home-seeking') which is breaking into the home of an individual and assaulting him where that is the initial purpose.[3] Both are crimes at common law, typically to be found in the description of the crime libelled in court relative to a single incident rather than in the usually less-detailed newspaper reports of such a trial.

Although rarely used, prosecutions for hamesucken were brought in 2011,[3] 2015,[4] 2021,[5] 2022[6] and most recently in Inverness in 2024 <ref> {{https://www.pressandjournal.co.uk/fp/news/crime-courts/6484243/inverness-men-jailed-after-appalling-act-of-violence/?utm_content=185929422&utm_medium=social&utm_source=facebook&hss_channel=fbp-435577453921822}}

References

  1. [1]
    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 27 January 1831 for stouthreif.
  2. [2]
    John H. A. MacDonald (1867), A practical treatise on the criminal law of Scotland
  3. [3]
    Sloan (25 August 2011). "Hamesucken is alive and well in Scots Law". Prout de Jure. Retrieved 8 July 2015.
  4. [4]
    Bynorth, John (8 July 2015). "Man in court accused under ancient law". The Herald (Glasgow). Retrieved 8 July 2015.
  5. [5]
    "HMA v Nathan Shaw and John Lawrie".
  6. [6]
    "Falkirk man jailed on rare hamesucken charge – this is what it means". 14 January 2022.


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