Australian Politics Forum - Charged for defending your own home

ian

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Re: Charged for defending your own home
Reply #240 - Mar 28^th, 2016 at 2:27pm

longweekend58 wrote on Mar 28^th, 2016 at 1:54pm:

ian wrote on Mar 28^th, 2016 at 12:21pm:

Lets humiliate him even further
Quote:

he legislation that defines a citizen's powers of arrest
The legislation that allows you, in appropriate circumstances, to make a citizen's arrest, states:

A person who is NOT a police officer may, without warrant, arrest another person if he or she believes on reasonable grounds that the other person is committing or has just committed an offence.
A person who arrests another person shall, as soon as practicable after the arrest, arrange for the other person, and any property found on the other person, to be delivered into the custody of a police officer.
You are legally required to inform the person why you have detained them, unless the suspect's actions make it impractical to inform them.

General guidelines about powers of arrest
You may place a person under citizen's arrest if you believe on reasonable grounds they have committed an offence or are in the course of committing such an offence.
Reasonable grounds means you have direct evidence that 'constitutes belief' that the person has committed an offence. An obvious example of 'reasonable grounds' would be if you were to actually see a customer take an item from a store shelf, put it into their pocket and then walk out of the store with that item, thus indicating a clear intention to not pay for it, and therefore steal it.
Suspicion means you have indirect evidence the customer has committed an offence. Examples of suspicion include: The theft protection buzzer sounds as someone exits the store; a person has spent an inordinate amount of time browsing and is consciously avoiding assistance.
To affect a citizen's arrest you must use clear words and state the reason for your action. Note: To say "I am detaining you" is preferred to "I am arresting you." This is not a legislative requirement, simply a more accepted term, especially if the matter is later considered in the courts. You are also required to tell the person ‘detained’ the reason or offence that you are detaining them for.
In the case of theft, it will be easier to prove that their intention was to commit an offence if you wait until they leave the premises. For offences like assault or criminal damage you do not have to wait until the person has left the business premises before detaining them.
The customer is under no obligation to answer any questions you may ask, but any questions they do answer should be taken down in writing and may be used in court.
The customer is under no obligation to give their name and address to you.

http://www.police.act.gov.au/crime-and-safety/for-act-businesses/robbery-and-theft/citizens-powers-of-arrest

try detaining someone by citizens arrest when they did nothing wrong and see how it works out. YOU will be arrested yourself.

How could someone use a citizens arrest when you maintain it doesnt exist.? lol. Keep em coming.

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ian

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Re: Charged for defending your own home
Reply #241 - Mar 28^th, 2016 at 2:28pm

John Smith wrote on Mar 28^th, 2016 at 2:26pm:

ian wrote on Mar 28^th, 2016 at 12:18pm:

longweekend58 wrote on Mar 28^th, 2016 at 12:05pm:

ian wrote on Mar 28^th, 2016 at 11:30am:

John Smith wrote on Mar 28^th, 2016 at 11:26am:

Like I said, it's actually difficult to break someones neck deliberately

Dont keep proving yourself an idiot, we already are aware of that fact. if its easy to break someones neck unintentionally as many people in wheelchairs would testify then why would it be difficult to break it intentionally?

thats your argument? people in wheelchairs? did they break their neck rolling over in bed or strechign to reach something? most of them are in accidents like car accidents, sporting accidents or something traumatic - hardly 'easy'.

breaking a neck is difficult, especially without intent.

Wrong. as i have shown, breaking a neck is easy.

you haven't 'shown' any such thing ... all you've done is flap your gums a lot

I could show you John if you wanted.

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John Smith Gold Member Offline Australian Politics Posts: 75238 Gender:	Re: Charged for defending your own home Reply #242 - Mar 28^th, 2016 at 2:30pm ian wrote on Mar 28^th, 2016 at 2:28pm: I could show you John if you wanted. you could try, except it would require more than flapping your gums ... you might be very disappointed with the result.
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ian Gold Member Offline OzPolitic Posts: 9451	Re: Charged for defending your own home Reply #243 - Mar 28^th, 2016 at 2:30pm longweekend58 wrote on Mar 28^th, 2016 at 1:54pm: try detaining someone by citizens arrest when they did nothing wrong and see how it works out. YOU will be arrested yourself. What a ridiculously bizarre statement. Why would you want to arrest someone who has done nothing wrong?
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ian

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Re: Charged for defending your own home
Reply #244 - Mar 28^th, 2016 at 2:32pm

Svengali wrote on Mar 28^th, 2016 at 2:25pm:

ian wrote on Mar 28^th, 2016 at 2:17pm:

Svengali wrote on Mar 28^th, 2016 at 2:07pm:

Bobby. wrote on Mar 28^th, 2016 at 1:45pm:

Let's wait for the trial - the cops may even drop the charges.

Cops are not permitted to drop the charges. This is murder.

Sure they can. Its self defence. These guys deserve a medal for ridding the world of a child raping piece of human garbage.

Is ian offering to commit suicide?

deleted that child porn on your computer yet?

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Svengali

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Re: Charged for defending your own home
Reply #245 - Mar 28^th, 2016 at 2:39pm

GordyL wrote on Mar 28^th, 2016 at 12:34pm:

That's a rather extraordinary statement don't you think?
So far all we know is dead guy has a criminal history and we know nothing about the man who was charged except he was home at 330am with his family when this big unit came into his house.

Did dead guy threaten to murder his whole family? Was he in a meth rage?

The police charged the man with murder. It means they must have some evidence.

This has the appearance of something other than a break in. Looking at picture of the house, why would anyone break into a house that shabby. The residents are unlikely to have anything worth stealing.

I suspect the victim was murdered by the householder and his mate who just happened to be visiting at the time.

The perpetrator's story has the appearance of lies.

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GordyL

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Re: Charged for defending your own home
Reply #246 - Mar 28^th, 2016 at 3:28pm

ian wrote on Mar 28^th, 2016 at 2:17pm:

Svengali wrote on Mar 28^th, 2016 at 2:07pm:

Bobby. wrote on Mar 28^th, 2016 at 1:45pm:

Let's wait for the trial - the cops may even drop the charges.

Cops are not permitted to drop the charges. This is murder.

Sure they can. Its self defence. These guys deserve a medal for ridding the world of a child raping piece of human garbage.

I think this arrest is just going thru the motions.
The DPP will have a good hard look at it and probably decide not to proceed.
Not the same as cops dropping charges but same result.

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Aussie Gold Member Offline OzPolitic Posts: 38863 Gender:	Re: Charged for defending your own home Reply #247 - Mar 28^th, 2016 at 3:30pm Quote: I think this arrest is just going thru the motions. The DPP will have a good hard look at it and probably decide not to proceed. Not the same as cops dropping charges but same result. Without knowing the facts, how can you credibly suggest that?
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John Smith Gold Member Offline Australian Politics Posts: 75238 Gender:	Re: Charged for defending your own home Reply #248 - Mar 28^th, 2016 at 3:40pm Not sure he's trying to 'credibly' suggest anything. I think he's giving an opinion based on the information currently at hand.
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Aussie Gold Member Offline OzPolitic Posts: 38863 Gender:	Re: Charged for defending your own home Reply #249 - Mar 28^th, 2016 at 3:42pm John Smith wrote on Mar 28^th, 2016 at 3:40pm: Not sure he's trying to 'credibly' suggest anything. I think he's giving an opinion based on the information currently at hand. iSheet! I thought that post was made by Ian. Had I taken due notice, I would never have made it.
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red baron

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Re: Charged for defending your own home
Reply #250 - Mar 28^th, 2016 at 3:55pm

Just be sure that son of a bitch that you have overpowered smashing into your home, has his tools of trade in his filthy hands when you cold cock him, like his weapon whatever that may be.

It will save your skin!!!!!!! When the freaking authorities get involved, don't give them any ammunition and keep your mitts off the intruder's 'weapons',

Get it?...Got it?....Good?

You don't want to start any bullsh.t scenarios where they can hang you out to dry for defending what is yours.

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Svengali Gold Member Offline Please don't thank me Posts: 3474 Gender:	Re: Charged for defending your own home Reply #251 - Mar 28^th, 2016 at 4:05pm Police have charged the householder with murder, not manslaughter. This means they believe there was premeditation. I believe it will be exposed that the perpetrator and the victim were known to each other and this was not a simple housebreaking.
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GordyL Gold Member Offline Australian Politics Posts: 4365 Hate Town Gender:	Re: Charged for defending your own home Reply #252 - Mar 28^th, 2016 at 4:10pm Reports coming thru that dead guy was peering thru the daughters bedroom window.
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Svengali Gold Member Offline Please don't thank me Posts: 3474 Gender:	Re: Charged for defending your own home Reply #253 - Mar 28^th, 2016 at 4:34pm GordyL wrote on Mar 28^th, 2016 at 4:10pm: Reports coming thru that dead guy was peering thru the daughters bedroom window. Obviously GordyL's mate the perpetrator is using GordyL as a bugle for his sham cause for murder. Or, GordyL is extremely gullible. GordyL please submit yourself for testing.
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ian Gold Member Offline OzPolitic Posts: 9451	Re: Charged for defending your own home Reply #254 - Mar 28^th, 2016 at 5:19pm Its obvious the intent here was towards the young child. No wonder Svengali and Longweekend are defending him, they are both known defenders of child rapists.
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