A coroner has ruled a burglar fatally stabbed by a homeowner with a kitchen knife died in a "lawful killing".

Henry Vincent, 37, died on the street after Richard Osborn-Brooks, then 78, stabbed him with a kitchen knife at his south east London home last year.

Southwark Coroners Court heard earlier today Mr Osborn-Brooks was woken in the early hours of April 4 by two men breaking into the 1920s terraced house in Hither Green.

He confronted armed burglar Vincent, picked up a knife and shouted "mine is bigger than yours" before stabbing him to death, the inquest was told.

Vincent was high on cocaine and heroin when he was fatally stabbed once in the chest by Mr Osborn-Brooks.

The 37-year-old from Swanley died after breaking into the Hither Green property on April 4 last year with an accomplice.

Senior Coroner Andrew Harris had the power to make a ruling that there had been an unlawful killing in the case - which would send the case back to the police to investigate.

But he told the inquest he was "satisfied" there had not been an unlawful killing.

Mr Harris said: “I’m satisfied Mr Osborn-Brooks did pick up the knife deliberately and the reasons given was to tell the intruders to go away after the two had threatened his wife and asked for money and one had then gone to the cabinet upstairs to secure some valuables.

“The householder insists there was no intention to harm. He indicated surprise that he had actually stabbed the victim.

"He was a rational sensible man, he must have known the recognised risk of death of holding a sharp knife in the way he did.

"It seems to me the combination of unpredictability and fear in a stressful situation are factors that need to be taken into account when considering proportionality of the force that was used..." - Senior Coroner Andrew Harris

"He had however no intention to use it. He would describe it as a reflexive action so death wasn't in mind.

"He explained to officers in the way his arm went forward in a positive manner and he said that he had stabbed him although the man was coming forward.

"The use of moderate force would seem to me to be proportionate. He clearly didn't know the gentleman who was in his house, it was hard to judge what to do.

"It seems to me the combination of unpredictability and fear in a stressful situation are factors that need to be taken into account when considering proportionality of the force that was used."

Mr Osborn-Brooks, who was giving evidence on video link from behind a screen, initially told officers he stabbed Vincent, who had a screwdriver and said he would "stick him" if he came any closer.

He said he had grabbed a kitchen knife after telling the burglars he needed to get some heart medication.

But in later police interviews, he said Vincent had run onto the knife, Southwark Coroner's Court heard.

A pathologist told the hearing a "sharp knife" was used with "moderate force" to cause the fatal stab wound.

Mr Osborn-Brooks was initially arrested on suspicion of murder but later released and told by police he would face no further action.

The pensioner and his wife were not allowed to return to their home after the incident for their own safety.

He told how he was woken in the early hours by two men at the front door of his 1920s terraced house.

The coroner heard a short clip of audio from body-worn police footage taken on the night.

Mr Osborn-Brooks can be heard explaining the lead-up to him stabbing Vincent.

He said he stabbed him with a kitchen knife he had grabbed in the kitchen when cornered by an accomplice.

He told officers: "I said I have got to get my heart medication out of the drawer.

"He let me go and I went over and grabbed that knife out of the knife block and I threatened him with it and he ran out through the front door.

"When he got into the porch he picked up our green box and tried to hit me with it.

"He shut the door and yelled at his mate: "Get out quickly he's got a knife.

"The mate came running down the stairs and he had a sharp implement in his hand.

"He said 'come near me and I'll stick you'.

"I said 'well mine is bigger than yours' and I stabbed him. It went in about four inches."

A police officer told how the homeowner had explained what had happened.

PC Coller said: "He said two men were at his door shouting for help. He opened and one pushed him down and away.

"The one that pushed him, pushed him into the kitchen and with his left hand forced him backwards.

"When in the kitchen, Mr Osborn-Brooks grabbed a large silver knife and held it up saying 'leave my house or I will stab you'.

"He shouted at his accomplice to leave 'because he's got a knife'.

"The other man came down the stairs brandishing his screwdriver.

"The pair fled and as the man stepped off the stairs he went into the knife.

"Mr Osborn-Brooks then pulled the knife out of the man, then they went out of the front door.

"One of the males picked up a green box in the hallway and pushed Mr Osborn-Brooks with it and they both set off down the road.

"I arrested Mr Osborn-Brooks at 1.54am for grievous bodily harm."

Asked by senior coroner Andrew Harris why her account differed from what Mr Osborn-Brooks is heard to say in the footage, she said: "That is what he said to start with."

The post-mortem concluded Vincent died of the single stab wound inflicted by Mr Osborn-Brooks.

A police officer told how he was called to the scene around 12.45am.

He said he found three people standing in the road when he arrived and another man - Vincent - lying on the road.

When his t-shirt was lifted, one puncture wound to the upper right hand side of the chest was discovered.

PC Hickey said: "As soon as we got to him we called for the LAS straight away. He was clearly injured."

The officer said CPR was performed by himself for 15 minutes until the London Ambulance Service arrived.

Vincent was taken by ambulance to hospital but pronounced dead at 3.47am, the coroner heard.

Mr Osborn-Brooks told the hearing how he has no recollection of the stabbing.

He said: "I thought he would look at my knife and take the opportunity to run out the front door which was now wide open.

"My only intention was to get him out of my house and away from my wife.

"I didn't think [the knife] was likely to be used. I hoped it wouldn't be necessary. It was just to frighten them."

Mr Harris asked: "What was on your mind when you picked up the knife?"

He replied: "I just wanted to threaten him and make him go away."

"I still think Mr Vincent rushed forward intending to do me harm and he ran up to the knife which I was holding between us.

"[The knife] went in easily and came out easily. I stepped away from him and that's when the knife came out.

"I saw blood running on his clothes."

Speaking about Vincent and his accomplice appearing at his front door, he added: "Through the patterned frosted glass I could see a white face.

"I opened it and it turned out to be a masked man wearing a white grey balaclava with eye holes.

"He pushed the door open pushed me back grabbed hold of my right hand and my right arm and pushed me down and away towards the kitchen.

"The other man behind him ran upstairs to the bedrooms.

"Then he started yelling ‘give me money give me money we know you have got money’.

"And I said 'we haven’t got any in the house, we are pensioners, we haven’t got any money', he said 'yes I know you have' and he pushed me into the kitchen."

According to his statement, the pensioner then told Vincent's accomplice: 'Get out my house or it will be worse for you.'

Explaining himself, Mr Osborn-Brooks said: "I just meant that I would report him for breaking in and I wanted him to leave the house.

"It was purely a threatening move I didn’t intend to stab him at all.

"I just thought he would go out the house if I had a weapon.

The accomplice shouted upstairs to Vincent that the pensioner 'had a knife' and ran out the front door, it was said.

Mr Osborn-Brooks closed the front door but Vincent appeared at the top of the stairs.

He said: "He came running down, I opened the front door so he could get out.

"I thought if I opened the front door he will run straight out.

"I expected him to push the door open and carry on and go out the porch door but he didn't do that.

"I was standing in the hall with my back against the hall leading into the front door and he was about three feet or four feet away at the bottom of the stairs.

"He then brandished a screwdriver at me and said 'get out my way or I'll stick you with this'.

"I was holding the knife at chest height with my arm against my body because I wanted to leave him room to get out of the front door."

He told the coroner: "I moved my body forward as I was stuck up to the wall and he was coming toward me. I was terrified, I couldn't move.

"I didn't know whether he was going to stick me with it.

"I have no recollection of stabbing him I was just standing there passively holding it."

Mr Harris said: "You are seen to say you stabbed him and demonstrated with your right hand a forward movement which the officer saw and you've had played to you.

"There is therefore a difference in account to that which you gave at the time to the officer and in this interview and my question is why?"

Mr Osborn-Brooks said: "I don't recall the conversation with the officer in the kitchen.

"I was still shaking with the effects of what had occurred. And as I say I have no recollection of trying to stab someone theatrically.

"I wasn't aware there was any body-cam footage. None of the police had ever told me that it was recorded."

The lead detective in the case, DCI Lance, confirmed Mr Osborn-Brooks' actions amounted to self-defence and were "credible and not disproportionate" because he was "in fear for his safety and for his wife".

As a result, Mr Osborn-Brooks was told he did not face any further police action two days after the raid.

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