Stouthrief Explained

Stouthrief or stouthreif[1] (Scots: Latin: stouth 'theft' + Latin: 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 (English, Old (ca.450-1100);: hám-sócn,) 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, 2015,[4] 2021,[5] 2022[6] and more recently in Inverness in 2024.[7]

References

  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. John H. A. MacDonald (1867), A practical treatise on the criminal law of Scotland
  3. Web site: Sloan . Hamesucken is alive and well in Scots Law . Prout de Jure . 2011-08-25 . 2015-07-08.
  4. News: Bynorth . John . Man in court accused under ancient law . . 2015-07-08 . 2015-07-08.
  5. Web site: HMA v Nathan Shaw and John Lawrie.
  6. Web site: Falkirk man jailed on rare hamesucken charge – this is what it means. 14 January 2022.
  7. Web site: Inverness men jailed after 'appalling act of violence' sparked by wrong number . 28 May 2024 .

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