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myLot reputation of 100/100. paula27661 (11930)   ranked 31 out of 32,962 in life 2 years ago

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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Aussies2007 (3394) response was accepted on 3/10/2010.
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tags:  law, australian laws, bad criminals win, break in, burglar
 
1. myLot reputation of 96/100. dawnald (24284)   ranked 208 out of 32,962 in life   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.


myLot reputation of 100/100. paula27661 (11930)   ranked 31 out of 32,962 in life  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!


myLot reputation of 96/100. dawnald (24284)   ranked 208 out of 32,962 in life  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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2. myLot reputation of 95/100. Hatley (48835)   ranked 945 out of 32,962 in life   2 years ago

hi paula I do think some of our laws here in the US are screwed up'
as if you kill the intruder you will be in trouble, but am not sure if it shows that he was trying to kill you and you just saved your own life that they would charge the homeowner with anything. You are so right, we should have the right to defend our home against intruders, they are the criminals not the person who has a right to be there. we do need some changes in our laws. I do not think an intruder who falls and injures himself orherself on your property has any rights at all as he or she is in a criminal act. If they had not trespassed in the first place they would not have injured themselves.devildevilevil grin


myLot reputation of 100/100. paula27661 (11930)   ranked 31 out of 32,962 in life  2 years ago

I know! That is why I was so shocked when I learned about the laws as they are. In my opinions a criminal should lose all his or her rights the minute they trespass on someone else's property but it does not seem to be the way the law here sees it. Thanks for the response Hatley!happy

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3. myLot reputation of 99/100. mtdewgurl74 (11320)   ranked 504 out of 32,962 in life   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..


myLot reputation of 100/100. paula27661 (11930)   ranked 31 out of 32,962 in life  2 years ago

I know what you mean...What gives a stranger the right to break into my property and then sue me if he or she trips over the rug? It is unbelievable to me that one should be charged and possibly removed from society because one protected one's property that one worked hard for!!! angry Thanks for responding mtdewgurl, hope we don't ever have to face such a situation!

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4. myLot reputation of 92/100. zandi458 (11483)   ranked 569 out of 32,962 in life   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.


myLot reputation of 100/100. paula27661 (11930)   ranked 31 out of 32,962 in life  2 years ago

I would like to think that if the young man in my discussion had been charged, he would not have been put away for years and years and that the judge would have taken into consideration that the intruder had a knife and that the young man was attempting to protect his parents' home. I am not suggesting we should automatically shoot anyone who enters our property but we should have the right to protect and defend if warranted and not be sued if the intruders injures him or herself in any way; they should not be there in the first place! Thanks for contributing to my discussion zandi!happy

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5. myLot reputation of 83/100. Aussies2007 (3394)   ranked 1,779 out of 32,962 in life   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.


myLot reputation of 100/100. paula27661 (11930)   ranked 31 out of 32,962 in life  2 years ago

Geesh...That sounds fair! whistle Unfortunately it makes perfect sense and seems quite logical and that is scary! I agree that there are so many weird laws that are either outdated or have no significance at all...You have made perfect sense with this one!blink


myLot reputation of 90/100. sanuanu (4141)   ranked 739 out of 32,962 in life  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?


myLot reputation of 100/100. paula27661 (11930)   ranked 31 out of 32,962 in life  2 years ago

Hi sanuanu, my comment was a sarcastic one. It most certainly is not fair to have someone help his or herself to the car you worked hard to pay for! When I said "Geesh...That sounds fair!" whistle I was not serious, believe me!


myLot reputation of 83/100. Aussies2007 (3394)   ranked 1,779 out of 32,962 in life  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?


myLot reputation of 90/100. sanuanu (4141)   ranked 739 out of 32,962 in life  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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6. myLot reputation of 99/100. RawBill1 (3402)   ranked 417 out of 32,962 in life   2 years ago

I have heard of this law before and I agree that it is wrong. If someone comes into my home, then I am going to defend it and my family. If they are going to attack me, then I will attack them back with anything I can. thumbup

I have heard stories about people cutting themselves on a broken window as they have been climbing through it to burgle a home and then suing the owner of the house. I am not 100% certain whether that is a true story or not, but nothing would surprise me these days! confused


myLot reputation of 100/100. paula27661 (11930)   ranked 31 out of 32,962 in life  2 years ago

I have heard of stunts like that too and I would not be entirely surprised if they were true either. It's incredible isn't it? Someone can break the law by trespassing on private property and then exercise the right to sue or have you arrested...Unbelievable...Thanks RawBill!happy

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7. myLot reputation of 98/100. OceanTiara (6977)   2 years ago

Hi Paula
What a horror storyshocked..that is typical, isn't it?
That poor boy doing the right thing and the suffering now that family went through because of that no good criminal!
Ah, isn't it always the way? The evil sit back and grin, whilst the good people in this world are judged.
What? I think Aussie lawmakers need to stop drinking and drugging for that must be what they are doing..you are right on the money, how can you defend your home then?blink


myLot reputation of 100/100. paula27661 (11930)   ranked 31 out of 32,962 in life  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!


myLot reputation of 98/100. OceanTiara (6977)  2 years ago

aww Paula cryhugssad
I see then that I am not the only one in this world that believes the worst can happen and is always on top of things inside the home as well...dear friend take care and I love you. Others think I am nuts for doing that sort of thing as you mentioned.

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8. myLot reputation of 94/100. TheCatLady (2753)   ranked 1,178 out of 32,962 in life   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.


myLot reputation of 100/100. paula27661 (11930)   ranked 31 out of 32,962 in life  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. myLot reputation of 90/100. sanuanu (4141)   ranked 739 out of 32,962 in life   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!


myLot reputation of 100/100. paula27661 (11930)   ranked 31 out of 32,962 in life  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!


myLot reputation of 90/100. sanuanu (4141)   ranked 739 out of 32,962 in life  2 years ago

So, have you get any response here who could justify the law?

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10. myLot reputation of 93/100. kaylachan (4778)   ranked 8,687 out of 32,962 in life   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.


myLot reputation of 100/100. paula27661 (11930)   ranked 31 out of 32,962 in life  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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