This is so wrong to me….  |
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| A man in his fifties received a call while holidaying overseas from his son who feared being charged with manslaughter or murder for rendering a burglar unconscious. The story goes like this: A twenty six year old was called by the Security Company to inform him that the alarm at his parents’ house had gone off. The parents were holidaying on the other side of the world, so the son, who lived a street away, attended to the call by driving to his mum and dad’s home where he discovered an intruder still on the property. A fight ensued and the would-be robber fell after being punched and hit his head losing consciousness. The intruder was in a coma for four weeks and during this month the home owner and his family prayed that the injured man would not die or the son would definitely end up in jail. The four week wait was agonising and fortunately the wounded law breaker awakened from his coma. I am not sure what charges were laid against the son in the end but I do know that luckily he did not end up in prison. The interesting detail that came up from the Police investigation was that the burglar had a knife on him so chances are he may have used it if given the chance. I heard this story on the radio the other day at the same time that another man was charged for using excessive force in order to protect his home from a burglar. The law in Australia states that if someone breaks in to your home and you injure him in any way you will be charged or if the intruder trips on a loose paver or something along those lines and hurts himself he has every right to sue you and win. What is it with that? How can it be that one cannot protect his or her home without breaking the law? How can someone who had no right to be there in the first place sue you for injuries received in your house? It is so wrong to me! Any opinions? What is the law where you live in regards to intruders? | | Burglar | | | | |
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1. dawnald (24284)
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2 years ago
| | They have rules here about excessive force. For example, if somebody comes at you with their fists, you can't shoot them. Although you could certainly argue that if a large man came at a small woman with his fists, she was in enough danger that she needed the gun. In your example, if the burglar was on the property and the son came upon him and the robber didn't offer any resistance,the son couldn't attack him. Don't know what the situation was here. I think if the thief attacked first or resisted in any way, the son was more than justified. | | | | | | |
paula27661 (11930)
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2 years ago
| | Interesting. Of course I only know what I heard on the radio about this particular story. Years ago we had an instance where an old man was at home and shot a young guy who broke in and that was coming toward him with a weapon, I think it may have been an iron bar or something and the man was arrested and charged with manslaughter because the young man died. He ended up getting community service after serving eight months in jail, he was released eventually due to his old age. Thanks dawn! | | | |
dawnald (24284)
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2 years ago
| | Unless the guy had put his hands on his head and was not moving, that just doesn't sound right to me! | | | |
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3. mtdewgurl74 (11320)
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2 years ago
| | I think that if you are protecting your land,home or your stuff you own then if anything should happen it should only be self defense it used to be..now you got to many lawyers in the mix claiming undue trauma for their clients..what about the trauma of the people who come home find their stuff messed with, things being stolen..some priceless heirlooms or things with sentimental value stuff that can't be replaced...What do we have to do have signs in our yards? That say Warning if you think to break in or steal or damage anything on this property you will shot at or popped on the head with a bat..please be warned..this is a warning.. | | | | | | |
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4. zandi458 (11483)
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2 years ago
| | Australia is known to be a very systematic country but am surprise by how their law seems to be loop-sided. It is like telling someone not to react when attacked. It is more dangerous when a person is armed when they on our properties. What assurance do I get from the law that I will not been harmed when I caught a burglar in my house and watch him stealing without reacting to stop him. A burglar caught in the act will be shocked and possibly finish me on the spot to avoid evidence. I will be left dead and he goes scot free! Though I shouldn't take the law into my own hands but I have to act for self defense to protect myself first and to stop the burglar from carting away my valuables. The law should be clear on this and not let the distress party suffer further under the law. In my country we have the rights to manhandle a robber caught on our property and the law is always quite lenient towards the victim of robbery. If it is so unfortunate that the robber is killed during the scuffle then the law apply the appropriate sections which normally is not too harsh.. likely being fined or a short stint in prison. This is only to satisfy, maybe, the grieving family of the dead robber. | | | | | | |
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5. Aussies2007 (3394)
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2 years ago
| | This is not new. Those laws have been in place for over 20 years. There are so many things wrong with Australian laws, that I would not know where to begin. But in regard to your case... For instance, if you see someone breaking into your car, you must sit there and watch him drive away. The excuse is, that he might hurt you if you try to stop him. But the real reason is, that he is only stealing your car because he is a victim of society and cannot afford to buy his own car. So, if you were to stop him, and he hurts you, the law would be forced to arrest him and send him to jail for hurting you. And the law does not want to have to send a victim of society to jail. What the law says "You got a car insurance, use it!". You cannot afford a car insurance? Tough! Work harder! That way you will pay more taxes by earning more money. And the more cars are stolen, the bigger premiums the insurance company can charge. Meanwhile the thief is driving around in a Subaru which cost him nothing. When he runs out of petrol, he steals another one. | | | | | | |
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sanuanu (4141)
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2 years ago
| | I didnt' get that a little. How can it be fair that stealing cars would mean that Govt would make more taxes from us? Don't you think that if cars would be stolen more than often then people would stop buying them? | | | |
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Aussies2007 (3394)
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2 years ago
| | I was merely poking fun at the law in a sarcastic way. But to answer your question sanuanu... There is nothing which will stop people buying cars. If you consider that the Australian motorist has been bleed dry by the government in way of outrageous taxes for decades, and he is still on the road. The Green Slip doubled over the last 12 months, for no good reason. It now cost almost $1000.00 a year just to register your car. We have to pay a ridiculous price for our license. We pay 70% or 80% of taxes on petrol We pay outageous fees to use tollways. And then, once we have paid all that, the government send an army of policemen on the road with speed cameras to give us hefty fines, generating revenu of million amongst million. But we still drive our car, because we have no choice, since the government is incapable of giving us decent public transport. With all the money they made from speeding fines over the last two decades, you would think they could have improved public transport. They simply don't want to. If we start using public transport, they won't be able to rip us off, will they? | | | |
sanuanu (4141)
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2 years ago
| | Hence, that is no justfication to the law, is it? I mean it is just that government want more money and that is why they made a law which is not helping us our cars getting stolen, isn' tit? | | | |
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paula27661 (11930)
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2 years ago
| | It sucks doesn't it? I don't understand how some laws start! The one that puzzles me the most is the fact that you can be sued by a burglar! Go figure...They break in to steal and they have rights! I must make sure I don't have any of my daughter's toys out in case an intruder trips while I'm out...unbelievable!!! Thanks Ocean! | | | |
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8. TheCatLady (2753)
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2 years ago
| | The laws are not always fair. A cop in my parents old neighborhood recommended killing the perp. That way it is your word against a dead guys. Dead people can't talk. If you just hurt him, he can make up all kinds of stories. | | | | | | |
paula27661 (11930)
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2 years ago
| | You have a point...Albeit a drastic one...The problem with killing the perp. is that you more than likely will have face murder charges and that is what stinks about these laws! In can see your point though, thanks for responding Cat Lady! | | | |
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9. sanuanu (4141)
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2 years ago
| | These are laws and behind every law, the human right commission is standing with the accused. They want to make sure that innocent people must not get any prison or something like that. But this law went over my head my friend! I started thinking by putting me in place of the man who fought the robber. I must not think that I am protecting that guy, I must be protecting my house and if the law is all with robber then how is it possible that I can do it with 100% success! I want anyone to come up here and give any valid reason in favor of this law! | | | | | | |
paula27661 (11930)
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2 years ago
| | I know, it is ridiculous. What really gets me, as I previously mentioned, is the burglar's right to sue you if he gets hurt on your property. It gives me a really uneasy feeling whenever I leave my house to think that someone can break in and have rights over mine. It is so wrong...Thanks for joining my discussion sanuanu! | | | |
sanuanu (4141)
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2 years ago
| | So, have you get any response here who could justify the law? | | | |
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10. kaylachan (4778)
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2 years ago
| | The laws are simular here in the states. There is a law that states that you can use 'reasonable" force to detain or stop a suspect from harming you, but the complicated part of it is this... the police have the job of determining weather your actions are lawful. Complicated. But, in a way I can understand where the others are coming from to be quite honest. as far as your laws I mean. Proving that the person was in your home isn't that difficult, but they feel the need to draw the line somewhere. Life isn't always fair, but that's just how it is unfair. | | | | | | |
paula27661 (11930)
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2 years ago
| | It would not be easy to determine what reasonable force is and where to draw the line. I can appreciate that one can't go around shooting or stabbing anybody who steps on their property but there should be some understanding in regards to a home owner protecting his house and if a person breaks the law by trespassing with the intent to steal they should not have any rights whatsoever! Thanks for responding kaylachan, I appreciate it and you're right; life is not always fair! | | | |
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