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Home invasion death

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QuoVadis View Drop Down
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  Quote QuoVadis Quote  Post ReplyReply Direct Link To This Post Topic: Home invasion death
    Posted: 21/September/2011 at 19:48
Intruder fatally stabbed - http://www.smh.com.au/nsw/stungun-home-intruder-stabbed-to-death-police-yet-to-decide-whether-to-charge-home-owner-20110921-1kk7j.html

The force you use to protect yourself must be enough and only enough to protect yourself. It strikes me, that if someone enters my home with a device capable of disabling me so that I can later be slaughtered would be that fatally stabbing the bloke would be requisite. I can't be bothered looking up the case law and I'm not really suggesting we go that far.

Opinion is all I'm trying to cultivate.

I see it that the bloke killed him to potentially save his life because he cannot determine the outcome of a tazer attack.

I'd say he's protected himself and taught the offender a lesson along with any other would be home invaders thinking they can do this sort of thing without any real consequences.
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khon View Drop Down
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  Quote khon Quote  Post ReplyReply Direct Link To This Post Posted: 21/September/2011 at 21:41
If I were the guy I would do the same. it was either his life or mine. During the confrotation, would the police really expect the home owner to think about whether how much force one should contain.
If the police decided to charge the home owner they might as well toss away the justice scale.
Personal opinion only, should not take it as legal advice

jaazzz View Drop Down
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  Quote jaazzz Quote  Post ReplyReply Direct Link To This Post Posted: 21/September/2011 at 23:01


I expect this fellow won't be charged with anything. The intruder fled the scene injured but obviously alive. Had he continued to stab the guy & he bled to death on the premises, maybe a different story.

Seems to me that he used the correct amount of force to protect himself at the time. Perhaps if the blade had entered a few millimeters in either direction in his chest it may not have been fatal. Too hard to prove that he intentionally meant to kill the guy or even stab him in the chest IMO.


Any opinion given should not be accepted as legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks

AsiaOilDude View Drop Down
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  Quote AsiaOilDude Quote  Post ReplyReply Direct Link To This Post Posted: 21/September/2011 at 23:19
There was an infamous case many years ago in WA where the home owner was charged and imprisoned for unlawful killing. He'd defended himself with a knife but had struck back twice... the jury convicted him on use of unreasonable violence. Obviously not one person in that jury has been in a fight with someone. To defend yourself you lose all rationality, you just want to get that person off you and down on the ground and immobilized.

Some US states have recently strengthened home owners rights (Castle Doctrine) and I believe the UK has improved their pitifully PC home defense laws. W.A. tried to introduce legislation in 2000 that made it illegal to invade a home, not sure if it passed!;
Quote:
It is lawful for a person ("the occupant") who is in                    peaceable possession of a dwelling to use any force or                  do anything else that the occupant believes, on                    reasonable grounds, to be necessary --(a) to prevent a home invader from wrongfully entering the dwelling or an associated place;
(b) to cause a home invader who is wrongfully the dwelling or on or in an associated place leave the dwelling or place;
(c) to make effectual defence against violence or threatened in relation to a person by a invader who is
End Quote

In the end though it is the discretion of the police that seems to weigh whether you are charged or not. I used to keep a fire extinguisher and cricket bat under my bed in Perth. Neither are offensive weapons in nature but useful enough in defense to avoid a charge.

Edited by AsiaOilDude - 21/September/2011 at 23:38
Not legal advice. Personal opinion only. Seek legal advice from qualified personnel only.

QuoVadis View Drop Down
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  Quote QuoVadis Quote  Post ReplyReply Direct Link To This Post Posted: 22/September/2011 at 06:27
Jazz, I think you've got a point, he fled the scene. If it is found that medics could have saved his life if he hadn't been dropped away from the hospital, then he'd be a free bird. However, I still believe he won't get charged with murder either way.
BSL lawyers: leeches in suits and wigs.
Blood Sucking Lawyers - The Law Firm

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