its not self defence if its for someone else. kinda stupid isnt it.
and if you kill someone in self defence, i believe its manslaughter, not murder.
Again i disagree. If your defending yourself or your family then you are allowed to use lethal force. Provided the circumstances are there.
You cant shoot someone who has threatened to kill you.
But if someone come into your house with a gun and threatened to kill you and you used a lesser weapon ie hands or a knife then its self defense straight up.
The "lesser weapon" law may not be there anymore, i am unsure.
But the right to defend yourself and your family certainly is.
Even if lethal force is required.
Added info....
In the criminal law of Australia, self-defence may be a complete defence to criminal liability for causing injury or death in defence of the person or, to a limited extent, property, or a partial defence to murder if the degree of force used was excessive. For the general theory, see the theory of self-defence.
From wiki.
Last edited by DAMINK; 21st October 2015 at 07:54 AM. Reason: additional info
its not self defence if its for someone else. kinda stupid isnt it.
and if you kill someone in self defence, i believe its manslaughter, not murder.
Current Cars:
2013 E3 Maloo, 350kw
2008 RRS, TDV8
1995 VS Clubsport
Previous Cars:
2008 ML63, V8
2002 VY SS Ute, 300kw
2002 Disco 2, LS1 conversion
Someone dies at my hands.
Could be Murder, Manslaughter or self defense.
Cops dont lay the charges but the prosecutor does.
Cops dont judge you the courts do.
A few other possibilities also i guess but they are the 3 main ones.
Murder = premeditated.
Manslaughter = not premeditated.
Self defense = bad luck for the dead guy.
Depends on the facts at hand mate.
A bit off topic but i think it has some relevance to this discussion.
My old man is serving life for killing 4 people. No big deal. Save that for another convo.
Anyway he escaped from prison here in Vic.
Guess what he was caught outside the prison yet was found not guilty of escape.
See it all comes down to circumstance. And how good your mouth piece is.
murder is the intentional killing of someone.
manslaughter is the unintentional killing of someone.
when i took the broom to the spider in the kitchen, it was murder (or possibly self defence lol)
when i want to the letterbox and stepped on a snail, it was manslaughter/snailslaughter.
Current Cars:
2013 E3 Maloo, 350kw
2008 RRS, TDV8
1995 VS Clubsport
Previous Cars:
2008 ML63, V8
2002 VY SS Ute, 300kw
2002 Disco 2, LS1 conversion
Nope Murder is premeditated in that you were aware you were going to kill prior.
Manslaughter is to kill without any prior intent. Your wrong yet again man!!!!
I have to assume your attempt at humor is because you lack any credible details to add here.
Based on that i will bid you good day sir.
It's workplace safety. If an organization is requiring an employee to enter a situation it has a legal responsibility to take reasonable steps to anticipate hazards to the employee's safety or else it could cop a major payout if the person is injured and it is found not to have taken reasonable precautions. That's why cops can check the gun register before going in, for example.
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to quote wikipedia
Involuntary manslaughter arises where the accused did not intend to cause death or serious injury but caused the death of another through recklessness or criminal negligence. For these purposes, recklessness is defined as a blatant disregard for the dangers of a particular situation. An example of this would be dropping a brick off a bridge, landing on a person's head, killing him. Since the intent is not to kill the victim, but simply to drop the brick, the mens rea required for murder does not exist because the act is not aimed at any one person. But if in dropping the brick, there is a good chance of injuring someone, the person who drops it will be reckless. This form of manslaughter is also termed "unlawful act" or "constructive" manslaughter
Current Cars:
2013 E3 Maloo, 350kw
2008 RRS, TDV8
1995 VS Clubsport
Previous Cars:
2008 ML63, V8
2002 VY SS Ute, 300kw
2002 Disco 2, LS1 conversion
Oxford Dictionary:
Murder: the crime of killing somebody deliberately.
Homicide: the crime of killing somebody deliberately.
Execution: the act of killing somebody, especially as a legal punishment
Capital punishment: punishment by death.
Manslaughter: the crime of killing somebody illegally but not deliberately.
Involuntary manslaughter: the act of unlawfully killing somebody unintentionally.
Culpable homicide: the crime of killing somebody illegally but not deliberately.
Justifiable homicide: a killing which is not a criminal act, for example to defend yourself.
Assassination: to murder an important or famous person, especially for political reasons.
.
Not sure what all that proves, but carry on chaps.
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.![]()
If you don't like trucks, stop buying stuff.
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