Page last updated at 18:53 GMT, Tuesday, 19 January 2010

Burglar attacker's appeal fails

Munir Hussain, left, and his brother Tokeer Hussain
Munir Hussain, left, and his brother Tokeer Hussain

A man jailed for causing a permanent brain injury to a burglar who attacked him and his family has been refused leave to appeal against his conviction.

Munir Hussain, 53, was sentenced to 30 months for grievous bodily harm with intent after he hit one of three intruders with a cricket bat, in 2008.

Hussain and his family had been tied up at their home in High Wycombe, Bucks.

The Court of Appeal rejected the same application from his brother, Tokeer Hussain, 35, jailed for 39 months.

Both men were imprisoned in December after being found guilty following a trial at Reading Crown Court.

Cricket bat broke

The brothers, who both lived in Desborough Road, chased intruder Walid Salem, leaving him with a permanent brain injury after he was hit with a cricket bat so hard that it broke into three pieces.

Salem was the only intruder caught after the incident on 3 September, but his injuries meant he was not fit to plead after being charged with false imprisonment.

Salem was given a two-year supervision order at a court hearing in September.

The Lord Chief Justice, Lord Judge, sitting with Mrs Justice Swift and Mr Justice Sweeney, rejected the applications by both brothers.

The judges then heard submissions on behalf of both men in a bid to win sentence reductions and are expected to give their ruling on Wednesday.

Law 'would collapse'

Munir Hussain and his wife and children returned from their local mosque during Ramadan to find intruders wearing balaclavas in their home.

He feared for their lives as their hands were tied behind their backs and they were forced to crawl from room to room, the court has heard.

He made his escape after throwing a coffee table and enlisted his brother Tokeer in chasing the offenders down the street, bringing Salem to the ground.

Trial judge John Reddihough said Munir Hussain's family had been subject to a "serious and wicked offence", but that he had carried out a "dreadful, violent attack" on Salem as he lay defenceless.

He added: "If persons were permitted to take the law into their own hands and inflict their own instant and violent punishment on an apprehended offender rather than letting justice take its course, then the rule of law and our system of criminal justice, which are the hallmarks of a civilised society, would collapse."



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