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Castle Law in Queensland? (Read 613 times)
Sir Eoin O Fada
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Castle Law in Queensland?
Jun 11th, 2024 at 9:42pm
 
“1 May 2024

The right to defend yourself or others during a home or property invasion without fear of legal consequences may soon be a reality for Queenslanders after Hinchinbrook MP Nick Dametto introduced a Castle Law Bill into the Queensland Parliament today.

The Private Members Bill, titled the Criminal Code (Defence of Dwellings and Other Premises—Castle Law) Amendment Bill 2024, aims to bolster the legal defence available to victims of home invasions who act to defend themselves even if that act results in the serious harm, or death of an intruder.

The Katter’s Australian Party (KAP) Deputy Leader said he had listened to Queenslanders who had been calling for more rights for self-defence when faced with the prospect of having to defend themselves against an intruder in their own home.

“Currently a person can only defend themselves with force that is reasonably necessary in all of the circumstances. What is deemed ‘reasonable’ is open to very broad interpretation,” Mr Dametto said.

“We strongly believe everyone should have the right to defend themselves in their own home or premises. This is why on . . . “
https://nickdametto.com/legislation-moved-to-adopt-castle-law-in-queensland#:~:t
ext=Legislation%20Moved%20to%20Adopt%20Castle%20Law%20in%20Queensland%20%2D%20Ni
ck%20Dametto%20MP&text=The%20right%20to%20defend%20yourself,into%20the%20Queensl
and%20Parliament%20today

Finally people might get to defend themselves without going broke i the process.
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Self defence is a right.
 
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Yadda
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Re: Castle Law in Queensland?
Reply #1 - Jun 11th, 2024 at 10:30pm
 


WWW search....
stand your ground law, usa




Quote:

Stand-your-ground law

A stand-your-ground law, sometimes called a "line in the sand" or "no duty to retreat" law, provides that people may use deadly force when they reasonably believe it to be necessary to defend against certain violent crimes (right of self-defense). Under such a law, people have no duty to retreat before using deadly force in self-defense, so long as they are in a place where they are lawfully present.[1] The exact details vary by jurisdiction.

The alternative to stand your ground is "duty to retreat". In jurisdictions that implement a duty to retreat, even a person who is unlawfully attacked (or who is defending someone who is unlawfully attacked) may not use deadly force if it is possible to instead avoid the danger with complete safety by retreating.

Even areas that impose a duty to retreat generally follow the "castle doctrine", under which people have no duty to retreat when they are attacked in their homes, or (in some places) in their vehicles or workplaces. The castle doctrine and "stand-your-ground" laws provide legal defenses to persons who have been charged with various use-of-force crimes against persons, such as murder, manslaughter, aggravated assault, and illegal discharge or brandishing of weapons, as well as attempts to commit such crimes.[2]

Whether a jurisdiction follows stand-your-ground or duty-to-retreat is just one element of its self-defense laws. Different jurisdictions allow deadly force against different crimes. All American states allow it against prior deadly force, great bodily injury, and likely kidnapping or rape; some also allow it against threat of robbery and burglary.

https://en.wikipedia.org/wiki/Stand-your-ground_law


It can often be difficult to prove [later, in a court of law], that someone that you have 'consequently' harmed, had an immediate intent to first harm you or yours.

The evidence would not always be apparent [demonstrable], after the incident.

All of these circumstances [of determining a 'proper' right of self-defence] are made so much more problematic, imo, in jurisdictions [such as Australia],
where/because we find, that many violent criminals live 'in society',
alongside peaceable, law abiding citizens
[principally it would seem, because the judiciary and our political class, seem reluctant, to permanently remove such persons [violent criminals] from our society].


.


Appropriate Justice, it isn't rocket science.

Deuteronomy 25:1
If there be a controversy between men, and they come unto judgment, that the judges may judge them; then they shall justify the righteous, and condemn the wicked.



Why should, we not do Deuteronomy 25:1,
in Australia ?

Is there any good reason, why criminals [particularly violent criminals],
should not be made to account [be made personally responsible], for their criminal behaviour ?



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"....And he said unto him, If they hear not Moses and the prophets, neither will they be persuaded, though one rose from the dead."
Luke 16:31
 
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chimera
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Re: Castle Law in Queensland?
Reply #2 - Jun 12th, 2024 at 9:41am
 
Do you know what you are trying to say? Are judges the ones to judge or are householders the judge?
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Sir Eoin O Fada
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Re: Castle Law in Queensland?
Reply #3 - Jun 12th, 2024 at 10:18am
 
chimera wrote on Jun 12th, 2024 at 9:41am:
Do you know what you are trying to say? Are judges the ones to judge or are householders the judge?

In home invasions etc., the householder, or anyone else lawfully in the house is the judge as the intruder[s] intend to murder you.
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Self defence is a right.
 
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Yadda
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Re: Castle Law in Queensland?
Reply #4 - Jun 12th, 2024 at 10:27am
 
chimera wrote on Jun 12th, 2024 at 9:41am:

Do you know what you are trying to say?

Are judges the ones to judge or are householders the judge?



Yes, i know what i am trying to say.....



Q.
Does a violent criminal have a right not to be harmed,
while he is assaulting/murdering someone ?


Who makes that decision ?

The householder, now ?

Or a judge, later ?


What if the housebreaker is only a thief ?

Q.
How can a householder know what another persons INTENT is,
ESPECIALLY, IF AN INTENT IS NOT DECLARED ?



.


Exodus 22:2
If a thief be found breaking up, and be smitten that he die, there shall no blood be shed for him.


Exodus 21:12
He that smiteth a man, so that he die, shall be surely put to death.
13  And if a man lie not in wait, but God deliver him into his hand; then I will appoint thee a place whither he shall flee.
14  But if a man come presumptuously upon his neighbour, to slay him with guile; thou shalt take him from mine altar, that he may die.


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"....And he said unto him, If they hear not Moses and the prophets, neither will they be persuaded, though one rose from the dead."
Luke 16:31
 
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Bobby.
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Re: Castle Law in Queensland?
Reply #5 - Jun 12th, 2024 at 11:16am
 
It's not gunna make it into law:

https://www.abc.net.au/news/2024-06-11/castle-law-petition-home-intruders-tabled...

"A homeowner could feel threatened when in fact there is no threat and then you have a situation where an innocent person has been killed and there's no recourse."

Ms Fogerty said existing laws allowing for reasonable force to be used to defend a person or property had served the community well.

Attorney-General Yvette D'Ath said the government acknowledged those who signed the petition, but it had no plans to review the self-defence provisions in the Criminal Code.
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Sir Eoin O Fada
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Re: Castle Law in Queensland?
Reply #6 - Jun 12th, 2024 at 2:24pm
 
And so the murders by home invaders will continue to exceed the number of home invaders killed whilst breaking the law.
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Self defence is a right.
 
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Aussie
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Re: Castle Law in Queensland?
Reply #7 - Jun 12th, 2024 at 2:40pm
 
Bobby. wrote on Jun 12th, 2024 at 11:16am:
It's not gunna make it into law:

https://www.abc.net.au/news/2024-06-11/castle-law-petition-home-intruders-tabled...

"A homeowner could feel threatened when in fact there is no threat and then you have a situation where an innocent person has been killed and there's no recourse."

Ms Fogerty said existing laws allowing for reasonable force to be used to defend a person or property had served the community well.

Attorney-General Yvette D'Ath said the government acknowledged those who signed the petition, but it had no plans to review the self-defence provisions in the Criminal Code.


Ive successfully defended people who have used lethal force to protect their home, but there are conditions.  I've even successfully defended a crabber who actually shot at fishery inspectors who were 'raiding' his pots.  The existing law is sufficient.  If you have to use lethal force to protect your self in your home, you can.
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chimera
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Re: Castle Law in Queensland?
Reply #8 - Jun 12th, 2024 at 4:24pm
 
Yadda wrote on Jun 12th, 2024 at 10:27am:
Yes, i know what i am trying to say.....
Does a violent criminal have a right not to be harmed,
while he is assaulting/murdering someone ?
Who makes that decision ?
The householder, now ?
Or a judge, later ?

Do you know  what you are trying to say?
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Bobby.
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Re: Castle Law in Queensland?
Reply #9 - Jun 12th, 2024 at 6:20pm
 
Aussie wrote on Jun 12th, 2024 at 2:40pm:
Bobby. wrote on Jun 12th, 2024 at 11:16am:
It's not gunna make it into law:

https://www.abc.net.au/news/2024-06-11/castle-law-petition-home-intruders-tabled...

"A homeowner could feel threatened when in fact there is no threat and then you have a situation where an innocent person has been killed and there's no recourse."

Ms Fogerty said existing laws allowing for reasonable force to be used to defend a person or property had served the community well.

Attorney-General Yvette D'Ath said the government acknowledged those who signed the petition, but it had no plans to review the self-defence provisions in the Criminal Code.


Ive successfully defended people who have used lethal force to protect their home, but there are conditions.  I've even successfully defended a crabber who actually shot at fishery inspectors who were 'raiding' his pots.  The existing law is sufficient.  If you have to use lethal force to protect your self in your home, you can.



But the court case would have cost that defendant an arm and a leg.    Roll Eyes
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Sir Eoin O Fada
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Re: Castle Law in Queensland?
Reply #10 - Jun 12th, 2024 at 7:08pm
 
Aussie wrote on Jun 12th, 2024 at 2:40pm:
Bobby. wrote on Jun 12th, 2024 at 11:16am:
It's not gunna make it into law:

https://www.abc.net.au/news/2024-06-11/castle-law-petition-home-intruders-tabled...

"A homeowner could feel threatened when in fact there is no threat and then you have a situation where an innocent person has been killed and there's no recourse."

Ms Fogerty said existing laws allowing for reasonable force to be used to defend a person or property had served the community well.

Attorney-General Yvette D'Ath said the government acknowledged those who signed the petition, but it had no plans to review the self-defence provisions in the Criminal Code.


Ive successfully defended people who have used lethal force to protect their home, but there are conditions.  I've even successfully defended a crabber who actually shot at fishery inspectors who were 'raiding' his pots.  The existing law is sufficient.  If you have to use lethal force to protect your self in your home, you can.

The existing laws are not sufficient for the home defender can still face trial and if the deceased attacker turns out to be a drunk who came to the wrong house but thought his wife had locked him out so he was kicking the door in.
How will it go for the bloke who pulled the trigger?
It would be an unfortunate occurrence but the defender should not-have to face trial because it is reasonable to assume that someone trying to break into your home means you harm.
The evidence is there, home invaders have murdered people in their own home.
So no home invader should enjoy any protection as it can reasonably be presumed that home invaders intend to kill.
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Self defence is a right.
 
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chimera
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Re: Castle Law in Queensland?
Reply #11 - Jun 12th, 2024 at 8:52pm
 
Sir Eoin O Fada wrote on Jun 12th, 2024 at 7:08pm:
it can reasonably be presumed that home invaders intend to kill.

.. particularly if they know the owner has a cocked and loaded shotgun.
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Sir Eoin O Fada
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Re: Castle Law in Queensland?
Reply #12 - Jun 13th, 2024 at 8:08am
 
chimera wrote on Jun 12th, 2024 at 8:52pm:
Sir Eoin O Fada wrote on Jun 12th, 2024 at 7:08pm:
it can reasonably be presumed that home invaders intend to kill.

.. particularly if they know the owner has a cocked and loaded shotgun.

None of the householders recently murdered in home invasion incidents had weapons of any kind.
I doubt that home invasions would take place if the people were encouraged to defend themselves,  but our Governments prefer a bit of collateral damage in the form of dead citizens.
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Self defence is a right.
 
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chimera
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Re: Castle Law in Queensland?
Reply #13 - Jun 13th, 2024 at 8:59am
 
'On average, 3,062 burglaries happen in the U.S. every day.
72% of reported burglaries happened when nobody was at home'.
So about 1/4 are where the trenches are defended by Barrett, Glock, Remington and Taurus.
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Sir Eoin O Fada
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Re: Castle Law in Queensland?
Reply #14 - Jun 13th, 2024 at 1:19pm
 
chimera wrote on Jun 13th, 2024 at 8:59am:
'On average, 3,062 burglaries happen in the U.S. every day.
72% of reported burglaries happened when nobody was at home'.
So about 1/4 are where the trenches are defended by Barrett, Glock, Remington and Taurus.

You are presuming that the people who were at home were gun owners. and there is a difference between home invasion and burglary.
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Self defence is a right.
 
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