Forever_target
New Member
I think "Choose you that play, the more you reduce enemy".
In Australia your response to an attack or home invasion has to be “proportionate”. If a knucklehead enters your home with a baseball bat you will be charged if you shoot them with a gun. It’s up to the judicial system to determine proportionality.In Australia it is legal to defend yourself within reason using what ever you have at hand but it pretty much illegal to carry a weapon or something that could be used as a weapon with the express purpose of defending yourself. This is unless of course you are a member of an outlaw motor cycle gang, or criminal gang of any sort, in which case you can fit mini guns and RPGs to you gangster mobile, use them on suburban streets and if the police happen to pull you over they will be forced to appologise for being racially/culturally/socio-economically insenitive.
A "proportionate" response is generally required in the US as well, though there are a few specific variations and/or exceptions. Also what is considered to be "proportionate" is based off existing statutes and case law, with the ultimate decisions being made either by the respective prosecutor's office or jury in a criminal trial.In Australia your response to an attack or home invasion has to be “proportionate”. If a knucklehead enters your home with a baseball bat you will be charged if you shoot them with a gun. It’s up to the judicial system to determine proportionality.
In Australia our self defence laws are a total JOKE. You need to be VERY careful as even in defence of your own home you can be successfully convicted of manslaughter. This case was from last month.In Australia your response to an attack or home invasion has to be “proportionate”. If a knucklehead enters your home with a baseball bat you will be charged if you shoot them with a gun. It’s up to the judicial system to determine proportionality.
A fair point. Indeed, the boyfriend did go on the run and I concur, it hurt his case badly. It could also allude to further conclusions....@King Wally, while I do share some similar concerns with you on the issue of proportionality, in law (when it comes to a home invasion), and have read the excellent link you provided, I suspect that there may be certain specific aggravating factors that led the prosecution to decide to charge Blake Davis.
I don’t have the case details from the judgment — but I suspect that it’s well worth your time to look it up to confirm your view. Based on your linked article, the couple went on the run after Bake struck down the Wanna-be rapper; which is behaviour that is not consistent with a self-defence claim.
It’s not that different in the US.A fair point. Indeed, the boyfriend did go on the run and I concur, it hurt his case badly. It could also allude to further conclusions....
All in all, just be careful if you live down here in Aussie-land. Going all Rambo and running out onto your driveway to attack someone steeling your car for example is the type of thing that will get you charged here. Jail time always a possibility.
Provided the shooting was inside the home, yes. If it occurred outside the home/after the home invasion, things can get a bit different. If the shooter actually engaged in pursuit of the perpetrator, things get even more different.It’s not that different in the US.
If you go out onto the street to defend your car, unless the thief actually presents a weapon, you’re going to have a hard time justifying shooting somebody. A few states may be a bit more...permissive, but it’s generally not done.
In your house proper, different story. Most states will give a fairly broad benefit of the doubt if the shooting was due to a home invasion.