What is a weapon?

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Originally Posted by Eevo

self defence is allowed
self defence with "lethal force" is not allowed in australia.

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WA: Criminal Law Amendment (Homicide) Bill 2008, came into law June 2008.

Speaking for the bill in Parliament, then Attorney General, Jim McGinty said

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Amendment of defences to murder: This bill also introduces a significant number of amendments to the defences that are available to people who kill. The bill follows the recommendations of the Law Reform Commission, which was guided by the principle that the only lawful purpose for intentional killing is self-preservation or the protection of others.

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Defence against home invasion: This bill will amend the defence against home invasion found in section 244 of the Criminal Code. It will adopt the Law Reform Commission's recommendation by amending that provision to ensure that force intending to cause death or grievous bodily harm cannot be used when all that is being protected is property. This amendment will not affect an occupant's right to use lethal force when the occupant reasonably believes that violence is likely or is threatened.

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Of course you can use lethal force to defend your life or the lives of others. Your state might be different but I doubt it.

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Originally Posted by V8Ian

I don't think those type of posts justify encouragement, Mick. To discuss methods of circumventing reasonable rules of society, acuse all police of corruption, state that cops only give out fines etc., etc.. pushes the forum into redneck territory. 99.99% of coppers are decent, honest and perform what must be amongst one of the hardest jobs. Their primary goal is to provide every law abiding person with a safe community. :mad:

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since when is following the law circumventing reasonable rules of society?
we have written laws for a reason, so people can follow them.

its what cops do. it's their job is to protect the public. they do that by fining and arresting people who break the law.



your last sentence would be discrimination and illegal if police did that.

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Originally Posted by Ferret

Of course you can use lethal force to defend your life or the lives of others. Your state might be different but I doubt it.

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thanks, i didnt know that.
in the past, people have been charged for killing in self defence. pretty sure they were found not guilty but it should never have gotten to that stage

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Originally Posted by Ferret

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Amendment of defences to murder: This bill also introduces a significant number of amendments to the defences that are available to people who kill. The bill follows the recommendations of the Law Reform Commission, which was guided by the principle that the only lawful purpose for intentional killing is self-preservation or the protection of others.

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Of course you can use lethal force to defend your life or the lives of others. Your state might be different but I doubt it.

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In the event of a death of an intruder, particularly when a doubt exists the Police will usually charge the home owner/occupant with murder and let the courts sort out any guilt.

The questions that have to be asked/investigated are how was it that the weapon used to kill the intruder was available for use at the time of an unexpected home invasion? (Was it actually unexpected?)

At the time of the killing, were the lives of the occupants at imminent risk of injury or death?

Were there any other reasonable options apart from lethal force available to the occupants, like running away?

The charges are often dropped by the DPP before the case ends up in court.

No argument some people might be charged where there is doubt. Nevertheless, the principle that you can't use deadly force to defend yourself is not true and where there is no doubt and the facts are clear the police are not bound to lay charges, ie it does not even get to court.

Elderly man who shot home intruder will not be charged.

You guys are all getting worked up about nothing. How does the saying go ... It's better to be judged by 8 than carried by 6 ................................... :wasntme:

If I ever feel threatened I sure wouldn't care what the law technically is :angel:

The reality is no-one knows what they are capable of ... or what they'll do when they or there family is threatened until they are placed into those circumstances. Who knows, everyone that thinks they can take of themselves may well freeze in fright .... where as the stand off'ish scared little guy might go full on crazy and take any attackers out.

Lets hope none of us ever need to find out how we will react in a situation of high stress and danger.

seeya,
Shane L.

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Originally Posted by Ferret

No argument some people might be charged where there is doubt. Nevertheless, the principle that you can't use deadly force to defend yourself is not true and where there is no doubt and the facts are clear the police are not bound to lay charges, ie it does not even get to court.

Elderly man who shot home intruder will not be charged.

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Well done old guy .......... Why on earth did he have a shotgun in his bedroom in the first instance though :eek: :eek: :eek: :eek:

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Originally Posted by DoubleChevron

Well done old guy .......... Why on earth did he have a shotgun in his bedroom in the first instance though :eek: :eek: :eek: :eek:

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Where else would you keep your gunsafe.:cool:
Combination lock one can open it in seconds. No looking for keys.
Made for this situation:D

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Originally Posted by DAMINK

Wish that was true.
As a guess i would say approx 80% are decent.
Hard job? No question. I personally think its the job that creates the corruption, not corrupt people becoming cops.

Australia has quit a history of corruption within the police force.
Cant deny that.

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Beginning with the rum Corp

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Originally Posted by DoubleChevron

Well done old guy .......... Why on earth did he have a shotgun in his bedroom in the first instance though :eek: :eek: :eek: :eek:

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seems like a good place to me.