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if you catch someone in your house....and you belt the crap out of them.....
throw them out on the footpath and then call the cops.....and tell them theres some guy lying
out in the street.....and he looks to be beaten up pretty bad......
and thats all that you know about it........
"your honour I was attempting to instruct the accused to not leave as I had called the police with the intent of having him arrested on break and entry and theft related charges. It was then that he attacked me and I took sufficient defensive actions to render myself and family safe"
I can understand your sentiments but the unfortunate reality is that if you are charged as a result of these actions (very likely), you could lose your house to cover the legal defence fees or even your family if you end up in jail. Not to mention the months and years of stress as the case progresses. On the other hand, if you do nothing, the consequences may be just as bad.Quote:
Originally Posted by stevo68
The best approach is probably to adopt a 'protect' rather than 'punish' approach.
This, I believe, is what the guy at Bulimba did, with the difference being that he did not bother to call the police, the neighbour did. Dockers don't involve police in their domestic affairs if avoidable. He apparently just went back inside and got out a beer.Quote:
Originally Posted by DEFENDERZOOK
Can't remember if I've posted this elsewhere or not....but many years ago back in the UK (Before political correctness had completely ruined the country) a mate came out of a shop to find a scumbag leaning in through the broken window of his work van and removing his stereo. My mate shouts at him, which results in him running off up the street. So, mate jumps in van, goes after him, and bounces him over the bonnet leaving him in a mess on the floor. Police were called, mate gets asked to give his account of the incident, and gives the policeman the above description of what he did.
Officer replies: "No sir, upon seeing the alledged thief run off, you gave chase purely in order to make a citizens arrest when you caught up, at which point he unfortunately swerved and ran straight in front of your vehicle, giving you no chance to avoid him. UNDERSTAND?" ;)
A very good mate of mine had a quad bke of his nicked about a year ago (in the UK)
He reported it to the police and after a couple of weeks they called him to say they had found parts of his bike (in bits).Could he come and collect it (or what was left of it)
The polce man told him that they knew who had done it and he was well know to the police but there was nothing they could do get a conviction. Oh well my mate thought as he walked out the back to get his stuff. There was his parts with a note and address writen on it. At which point the copper went OH i must remove that name and address as that is the chap that nicked your bike , The copper then walked off for about 5 mins and then came back and said the same again and left it on untill my mate had out the bits into the back of his 110.The copper also mentioned that he had a pride and joy XR2 that was not insured or taxed and they had real problems nicking him for that too
My mate then went to look where this chap lived and found a his pride and joy XR2 He lived on a road and oposite another road.
So my mate came back late one night and drove at 50 mph into the side of this XR2 and ramed it though his front hedge and into the front of his house . He then revesed up and drove off.
About a week later he had a knock at the door and there was two coppers. They were asking that although they did not get the person for the theif of his quad bike. But were asking if there was anything they could do for him
They also told him as poetic justice that some one had rammed his car though his hedge and into his house. Of course he called the police and as they say they took 4 hours to come :). They said it must have been a big car as what ever hit it made a complete mess of the car and house and simply drove off.The cars was not insured and his father kick crap out of him for bring trouble to his house.
It was at this point both the coppers turned and look at the 110 parked on the drive and said. Thats a nice 110 and wow what a big Bull bar .They then both smiled at him and and said Ok then sir Thank you and good bye
I will not tell you what car he has as that will narrow it down to who it is . But mark knows who i am talking about :)
Reads - Although I think the thief got what he deserved your mate in the UK is lucky some police officer on the take didn't give the crims his address and he ended up in hospital with shotgun wounds. These are slippery slopes to be driving on...
AgreeQuote:
Originally Posted by DiscoDave
Would personally not do it myself but then this chap is pretty big.
that's why you need a 4wd, more traction :)Quote:
Originally Posted by DiscoDave
Australian Law is generally based on Old English Law, we have two systems operating here. Statute Law and Common Law. Generally Statute Law is the laws as passed by Parliment and written down. Common Law (Or the law of Precedence) is the law as made by the Courts in assessing cases that come before it. For instance if you were walking in the woods and stumbled across an Alien and took him captive and took him home and treated him badly, you will be charged. Is there a law that says you cannot do this...no there is not, but the mythical man in the street would state that your actions were not reasonable and that any reasonable person would not act as you have done so therefore ...you are nicked. The court will then decide whether your actions are "reasonable" and whatever their decision, this will then pass into law. Bit more complicated than this but you get the idea.
The laws covering assualt are many and varied but as a general rule you are authorised to use force in defending yourself, another person or property. This force must be "reasonable" and for the definition of this we must refer to the mythical man in the street once more. This is where the "Use of Force Continuum" comes into play, this states that you may use equal force to resist the force being applied to you, If the force increases against you, you are authorised to increase the force you are applying up to and including lethal force in proprtion to the force being applied.
If a person is standing on one side of a chain mesh fence topped with razor wire and is holding a chop stick in his hand and states to you " I am going to kill you" and then makes stabbing motions at you, you are not authorised to pull out ya Glock, blow off both of his agates, knee cap him and then to teach him a lesson put a round through both elbows, if you do you will be facing at the minimum "Assault -Grievious bodily Harm with Intent" and possibably " Attempts Murder"....Why? Because the person may have the intention to despatch you to your maker...but does not possess the ability.... this rapidly changes should your erstwhile attacker pull out a Remmington Pump Action... he now possess the ability to carry out his voiced intention of removing you from the gene pool..... you have two choiced to make in this situation, and I suggest you make them rather rapidly, you can scarper from the scene if at all possible or you can put one right between his beady eyes, if you do the latter you are going to have to prove that you were in fear of your life, you had no other recourse, (Flight) and that your actions were reasonable..... of course it helps your case if the other fellow has already discharge a round in your direction and missed.
As for beating the bejezzus outta some A-hole you discover merrily collecting all your electronics....sorry fellas ya going to jail.
You certainly posses the ability to affect an arrest and may use reasonable force to do so......but as to educating the pilferer as to his offending ways and impressing upon his body how displeased you are at his actions.....this is a no go area. Of course in his struggles to flee the scene of the crime he may possibly run into a steel Staunchion several times resulting in loss of teeth.
So to wrap up, you may defend but ya cann't teach the A-holes a lesson.
Otherwise you are going to get to know me really, really well:D