This is so wrong to me….
By paula27661
@paula27661 (15811)
Australia
March 3, 2010 9:13pm CST
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?
6 people like this
8 responses
@Aussies2007 (5336)
• Australia
4 Mar 10
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.
3 people like this
@paula27661 (15811)
• Australia
5 Mar 10
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!" 
I was not serious, believe me!
I was not serious, believe me!1 person likes this
@paula27661 (15811)
• Australia
4 Mar 10
Geesh...That sounds fair! 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!
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!2 people like this
@sanuanu (11235)
• India
5 Mar 10
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 (15811)
• Australia
5 Mar 10
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!
1 person likes this
@mtdewgurl74 (18151)
• United States
4 Mar 10
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..
2 people like this
@paula27661 (15811)
• Australia
4 Mar 10
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!!! 
Thanks for responding mtdewgurl, hope we don't ever have to face such a situation!
Thanks for responding mtdewgurl, hope we don't ever have to face such a situation!1 person likes this
@mipen2006 (5528)
• Australia
13 Mar 10
Hey paula, I agree with you this is one of the worst laws in our country. I could never understand this, and think it is so unjust and needs addressing. Surely you are allowed to protect your property.
1 person likes this
@paula27661 (15811)
• Australia
14 Mar 10
I agree. I am not advocating shooting any strangers that step onto our property but when they are trespassing with the intent to rob us and are possibly armed there should be some way we could be allowed to protect ourselves and our home. Thanks a lot for responsing Mike!
@Hatley (163772)
• Garden Grove, California
4 Mar 10
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.
2 people like this
@paula27661 (15811)
• Australia
4 Mar 10
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!
1 person likes this
@RawBill1 (8531)
• Gold Coast, Australia
4 Mar 10
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. 
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! 
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! @paula27661 (15811)
• Australia
4 Mar 10
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!
1 person likes this
@skysuccess (8857)
• Singapore
5 Mar 10
paula27661,
I think a lot of you have forgotten that there is this application of forensics and criminology investigations prior to whatever charges or arrests.
I understand that there may be certain gray areas in the legal system's penal code but we should not be deterred when the occasion rises and needs us to defend our love ones, or personal property or our own life. However, it should also encourage us not to act on our own accord as in the first case involving an encounter with a burglar. He should have brought someone along not only for personal safety reasons but to have a witness also, to prevent any false allegations from the other end.
If there's no choice then waiting for the police to respond to the crime scene would be the best advocate. As we may never know the extent of imminent danger at the other end, like weapons and accomplices where disregards in this area will really place ourselves in grave danger.
Where I am from the law is relatively quite clear cut and we seldom have cases hitting these gray areas. Having said that, we are always encouraged not to act blindly or with total disregard for our own safety. Besides, we are only loosing some material things in such incidents and just would not be worth putting our lives on the line for them.
Have a nice day.
@paula27661 (15811)
• Australia
5 Mar 10
I appreciate your views and it is understandable that people should not take the law into their own hands and endanger themselves or their loved ones. Certainly the line has to be drawn somewhere. What annoys me is that the intruder can exercise rights he should not be entitled to. The minute you commit an offence you should forfeit all rights especially the one to sue! Thank you for an excellent response skysuccess!
1 person likes this
@kaylachan (84736)
• Daytona Beach, Florida
5 Mar 10
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.
1 person likes this
@paula27661 (15811)
• Australia
5 Mar 10
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!
