Legal Definitions - hamesucken

Hamesucken is a term originating from Scots law that describes a particularly serious type of violent crime. It refers to the act of unlawfully breaking into someone's home with the specific intention of committing an assault, and then carrying out that assault on a person within the house. It can also apply when an individual breaks into a home to commit theft or another crime, and subsequently uses violence against a resident during the commission of the offense. In essence, hamesucken combines the gravity of housebreaking or burglary with an act of violence perpetrated against a person inside their own dwelling.

Here are some examples illustrating the concept of hamesucken:

• Example 1: Intentional Assault After Breaking In

  A former business partner, Liam, holds a grudge against his ex-colleague, Sarah. One evening, Liam forces open Sarah's back door and enters her home, specifically intending to confront and physically harm her. Upon finding Sarah in her living room, Liam shoves her against a wall and verbally threatens her before leaving.

  This scenario demonstrates hamesucken because Liam unlawfully broke into Sarah's home with the clear intent to commit an assault, and then carried out that act of violence against her within her own house.

• Example 2: Violence During a Burglary

  An intruder, Mark, breaks into a house through a window, intending to steal electronics. The homeowner, David, is awakened by the noise and confronts Mark in the hallway. In response, Mark shoves David to the ground, causing him to hit his head, and then flees with a stolen laptop.

  This is an example of hamesucken because Mark unlawfully entered David's home to commit theft, and then used violence (shoving David to the ground) against the householder during the commission of the crime.

• Example 3: Targeted Assault in a Residence

  After a heated argument, a neighbor, Clara, becomes enraged and smashes the glass panel of her next-door neighbor Tom's front door to gain entry. She immediately confronts Tom in his kitchen and punches him repeatedly, accusing him of wrongdoing.

  This situation fits the definition of hamesucken as Clara unlawfully broke into Tom's home (forcing entry) with the intent to assault him due to their dispute, and then carried out the assault against him inside his own house.