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Burglary victim, 28, accused of crash that killed fleeing teenage thief, 16, did whatever any 'right minded home owner would do', court hears
@Source: dailymail.co.uk
A burglary victim accused of causing the death of teenager who was fleeing on his stolen bike did what any 'reasonably-minded' homeowner would do in the circumstances, a jury has been told.
Dean Barnes, 16, was killed in the early hours of January 24, 2023, when the bike he was riding as a pillion passenger on crashed into a car.
Callum Duncan, 28, was woken around 6.30am on on January 24, 2024, by the noise of a gang of burglars breaking into the shed at his home in Stockport, Greater Manchester.
The burglars, Barnes, alongside Alexander Riley, 21, and Adam Norman, 36, fled on his three off-road bikes and he immediately gave chase - reaching speeds of 36mph in his Golf GTi.
In the chaotic chase that followed, Barnes was forced to abandon the Yamaha PW50 he was riding - commonly known as a 'Pee Wee'.
He then got on the back of Norman's, a black a white Husqvarna, which then crashed into another car, causing the pair to be thrown off.
Norman suffered extensive injuries but was able to leave the scene, however Barnes was fatally injured after also hitting a parked car.
Duncan and Norman are both on trial at Manchester's Minshull Street Crown Court charged with causing death by dangerous driving, which they deny.
Norman, who denies two further charges of causing death by driving while uninsured and causing death by driving while disqualified, and Riley, both of Brinnington, Stockport, have both admitted burglary.
Addressing the jury for the final time, Daniel Harman, defending Duncan, described how the father-of-two had woken for work that morning to discover the burglary taking place, causing him to react.
'He does what any reasonable right minded home owner does in the those circumstances,' Mr Harman said.
'He goes to investigate.
'His motivations are different entirely from those of the burglars.'
He said Duncan, 'an ongoing victim of crime' with 'his property at stake', was motivated by two things.
'Firstly, to spook the burglars enough to abandon their activity, allowing him to recover his property,' said Mr Harman.
'Second, to get a good enough view of where the bikes are going and have a better idea of those involved and where they are taking the bikes.'
The jury heard Barnes died after Norman sped across a junction at a speed of 50 to 60mph, according to the female driver of the car he hit.
Meanwhile, Duncan only chased the bikes for around 250m before coming to a stop at the junction.
Mr Harman said it was Norman's 'stupidity and dangerous and reckless actions' that caused the collision and Dean's death - and Duncan was not to blame.
But the prosecution maintain that Duncan's 'dangerous' driving also contributed to the fatal crash.
Phil Barnes, prosecuting, previously told the jury that while he recognised they would have a 'degree of sympathy' for Duncan he'd known there was a 'risk' by pursuing the gang in his car.
The jury have heard how he got within one second of Norman's stolen bike and after he launched a 'furious' pursuit, and his Golf was seen to 'bounce' across speed bumps in video footage played in court.
And Phil Barnes accused Duncan of 'seeking retribution' and pursuing a 'personal vendetta', saying his actions had made a collision 'more likely'.
If Norman was the 'main cause' of the crash, that did not mean Duncan wasn't 'a cause', he added.
When giving evidence, Duncan said he'd only been 'curious' to see where the bikes were going and he denied the suggestion he would have 'rammed' them off the road.
He said he didn't see the fatal collision, adding: 'I just heard a bang. I can't really explain how I felt, I've never felt that way since.'
Duncan, who only admitted his involvement in the crash to police around four hours later, added that he had received 'threats' in the aftermath.
The jury previously heard that Norman felt he had 'no option' but to cross the junction because he was worried Duncan was 'getting too close' to him and he was 'panicking'.
'I was in fear for my life,' he said. 'I would have been rammed.'
The trial continues.
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