Stouthrief (alternatively stouthreif[1]) 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 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] and 2015.[4]
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.
- ^ A practical treatise on the criminal law of Scotland - John H A MacDONALD 1867
- ^ 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.