self defence actions when an intruder is involved

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nomad
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self defence actions when an intruder is involved

Post by nomad » Sun Apr 02, 2017 4:25 pm

Bit of a slow day Matt?
I was looking forward to a good discussion on this but you pulled it!
The matter you referred to o the deleted post happened over 12 mths ago.

Batterham told the cops he saw Slater inside the house holding his wife’s purse – not in his daughter’s bedroom as you said
Batterham and another man chased Slater outside and helped Batterham to stop Slater (the other man walked away during the fight - (all the above was recorded on the 000 call and Batterham was recorded saying’Im going to kill you’)
the other man who chased down Slater with Batterham can be overheard saying ‘that’s enough, you’ve done enough’)
Batterham was on top of Slater and had him in a headlock/chokehold until the cops arrived. Slater then became unconscious later died from a broken neck caused by Batterham.
Slater served time for raping a 16 y/o girl in 2007 – Batterham wasn’t aware of this at the time

This case isn’t a good example of the subject. There are heaps of similar actions that didn’t involve criminals on both sides
One that comes to mind was the shopowner in Galston who shot and killed an intruder with a shotgun. He was never charged. Another was the armaguard person who shot and killed a bloke who had earlier robbed her. She chased him thru the car park and shot him as he drove out of the carpark. No charges

So the law allows for reasonable force in SELF DEFENCE – THIS WASN’T A MATTER OF SELF DEFENCE.
There have been more than a million words spoken by people much smarter than I with regards to the definition of reasonableness
This is a very good one
“Objectively, the court will then look at how reasonable your reaction was in proportion to your fear at the time.”
The lawyer said that generally a person would be justified in feeling fearful if a stranger was inside their home. Some violence could be justified – provided that it was proportionate.
“Killing someone, for example, would require a significant level of fear, if not a threat to your life.”
No matter how afraid a person is, they “can’t just go around killing someone because they are afraid”, he said.
“Just because someone is inside your house and has threatened to kill you doesn’t necessarily mean you can kill them.”
There are other variables, such as if children were in the house and if the person had experienced a break-in before, that make it difficult to generalise, Mr Tiedt said.
“Legally, you can never say that killing an intruder is wrong, and you can never say that it is right.”
The requirement that actions taken in self-defence be reasonable are broadly similar in the other states and territories.



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Matt Flynn
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Re: self defence actions when an intruder is involved

Post by Matt Flynn » Sun Apr 02, 2017 5:26 pm

Yep, was a post marked March but I didn't see the year. People dig up old stuff, gotta be careful with the date. Original post said it was daughter's bedroom. Good reason to stay away from FB :D

Good points re the subject matter.

Was reading about high-end burglaries in the USA. Whole different ball game when you are dealing with people who are likely armed. Even some of the kid gangs have guns. Wouldn't be fun being a copper over there.

nomad
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Re: self defence actions when an intruder is involved

Post by nomad » Sun Apr 02, 2017 6:29 pm

I followed this for a while but he was bailed on the condition that his employer gave him his job back as a chef. I heard he didnt attend the latest hearing but i doubt it. they would have arrested him.
We have to be very careful with the stuff these bl..dy journos feed us :lol:

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