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