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Kill the burglar, but the Sydney man was acquitted! What is self-defense when you are threatened in Australia?

 
[Law]     05 Mar 2019
First, he died after fighting the burglar, and his father in Sydney was acquitted.After a man broke into a house in Sydney's Harrington Park district on Sunday morning, the man stood up to muscle-filled intruders to protect his wife and young daughter. During the fight, the intruder fell to death after losing consciousness.

First, he died after fighting the burglar, and his father in Sydney was acquitted.

After a man broke into a house in Sydney's Harrington Park district on Sunday morning, the man stood up to muscle-filled intruders to protect his wife and young daughter. During the fight, the intruder fell to death after losing consciousness.

The man was summoned to the police station for questioning. Ten hours later, the man was released without charge. Police confirmed yesterday that the victim was a 35-year-old fitness coach, Bradley Soper.

Kill the burglar, but the Sydney man was acquitted! What is self-defense when you are threatened in Australia?

Police searched the video footage of the victim's entry into the house. A neighbor who had seen the footage told the Daily Mail that the victim was walking barefoot through a nearby park like a zombie.

The victim, Soper, is known to work at the XXX Fighting Academy gym in Smeaton Grange, a personal trainer and bodybuilding champion, but has recently struggled with drugs and money. His friends said he was accused of breaking into the house "unethically."

Police said they received a call to the police at about 07:30 on Sunday morning. The 44-year-old owner, Johan Schwartz, who lives in Westwood Court, woke up in the morning by a barking dog. He looked up and found a barefoot stranger in the living room. There was physical conflict between the two men, and during the fight the intruder fell to the ground and lost consciousness.

Kill the burglar, but the Sydney man was acquitted! What is self-defense when you are threatened in Australia?

Schwarz's wife called a neighbor, who ran into the house and began CPR on the man. Paramedics were called to the scene, but the intruder died on the spot.

He is believed to have been hospitalized for a period of time due to kidney failure in the weeks before his death. Police know Soper, has no criminal record, but is believed to be a user of cocaine and steroids, the source said.

Homeowner Schwartz, a business analyst, was told by neighbors to call him Francois, who then accompanied the police to the Narellan police station. After more than 10 hours of investigation, he was acquitted and not charged.

Kill the burglar, but the Sydney man was acquitted! What is self-defense when you are threatened in Australia?

Shane Woolbank, chief inspector of the Camden police district, said the owner's wife and young children were next door to the living room at the time of the crime. The owners themselves were "affected" by the conflict, but fully co-operated with the police.

"people have the right to [defend] their own homes, and they have the right to use reasonable force to protect themselves and property. The autopsy will determine the cause of his death, which will be a major factor in the investigation. "


Second, Tazhou uncle entered 4 thieves in the early morning and was prosecuted after firing a bullet?

Also on Sunday morning, there was a burglary at a house in Tasmania. At 6 a.m., four men in a 2001 red Magna arrived at a property in Colebrook and fired two shots at the house.

The 68-year-old man in the house shot back and hit one of the 50-year-old men in the back of his thigh as he escaped.

The man, who underwent surgery at Royal Hobart Hospital, is in stable condition.

Kill the burglar, but the Sydney man was acquitted! What is self-defense when you are threatened in Australia?

Three men, aged 42, 50 and 49, were arrested and charged with serious burglary and reckless shooting. All three were detained to appear in court today. State police are still arresting a 38-year-old man.

The male resident of the house is a 68-year-old man who was also prosecuted for injuries!

The same is the burglary, the same self-defense, why is the result so different?

Today, I would like to tell you about the correct response to the burglary in Australia.


A burglary. 

Break-in robbery is divided into two types-ordinary burglary and serious burglary.

The difference is that the latter's crime is even worse when he knows that someone in the house is still burglarizing or that the burglar is armed.

Kill the burglar, but the Sydney man was acquitted! What is self-defense when you are threatened in Australia?

Scenario one

If the victim sees the door open as soon as he gets home, it is best not to rush into the house at this time, but to call the police immediately, because if the thief is still in the house, Hearing or seeing the owner coming back is very likely to do harm. Personal safety is always the first consideration.


Case two

If inevitably face-to-face with the thieves, it is time to pick up a weapon to defend itself. As to the extent to which this self-defence can be achieved, there is no such provision in Australian law that "no matter what the circumstances may be, he can be beaten to death", which often depends on the situation, such as:

If the thief is ready to escape with bare hands, and the master chases the thief with a baseball bat to kill the thief, it is obvious that he was defenseless at this time, because a burglar who is ready to escape without a weapon is not a personal threat to you. At this time, although the owner is the victim of burglary, but also the owner of intentional injury caused by serious injuries, the police will also prosecute the owner.

If the thief puts a knife at the owner, and then the master kills him with a baseball bat, there is no defense at this time, because the other party is armed with lethal weapons and poses a serious personal threat to the owner.


Case three

If the victim is also in the house and hears a change in the room and suspects that a burglar has entered the room, the best option at this time is not to search the room with his own "weapon", but to lock the door of his own room and then call the police. This ongoing burglary (Hot Burglary), police will arrive at the scene in the first place and then search every corner of the house to make sure there is no danger.


Case four, protect the site.

If the victim enters the house and finds the house stolen, but the thief has escaped, at this time the so-called cooling burglary (Cold Burglary), has no urgent personal security threat, so the thing to do is to protect the scene.

Never touch door handles, drawer handles, etc. The police's crime scene investigation unit will collect fingerprints, and if the fingerprints match the previous criminals in the database, the identity of the thieves will be determined and will be even more beneficial for later arrest.


React 

In an emergency, because of the limited English, or because the tension is not clear, when dialing 000, in fact, as long as a simple "popping" out of the keyword, such as: Hot Burglary (is stealing your), Location (home address).

Knowing these two points, the operator (non-police) quickly gave the job the highest priority and assigned it to local patrolling police vehicles, which would arrive in less than 3 minutes.

Kill the burglar, but the Sydney man was acquitted! What is self-defense when you are threatened in Australia?

If there are elderly people who do not speak English at home, at this time call 000, you can say "Mandarin please," so that 000 operators will immediately find simultaneous interpretation or Putonghua operator.

The information most needed for the 000 operator on the Cold Burglary, phone is:

  • About when it happened;
  • Where did the thief enter the room, (Entry point);?
  • Is the entry point a passive pry, (Force entry);?
  • What has been stolen, such as something characteristic;
  • Is there a camera at home that can capture the thief's face.


Effective preventive measures 

Here are some precautions against burglary:

  • [化] alarm bell
  • Install camera
  • Keep a dog

If you travel during the holiday, the house will be vacant for a period of time, and make sure as much as possible:

  • Let neighbors regularly collect mail in the mailbox, so that the thieves do not think this is empty;
  • A smart light can be installed in the room to keep it on regularly every day for a period of time.
  • You can go to the local police department to fill in a Absence from residence form, that is, to inform the local police department that there will be no one in the house during this period of time, then the local police department will have a police car patrolling your neighborhood during the period of high incidence of burglary.


Definition of self-defense 

No matter where you are in Australia, self-defense must be defensive: you or your family face life threats, can be kidnapped, and so on.

Your actions must be defensive, not just because you vent your anger.

Kill the burglar, but the Sydney man was acquitted! What is self-defense when you are threatened in Australia?


The following are cases of improper defence:

  • If you come home and meet the thief, the thief turns and runs, and you carry a knife and chase it out. After that, the consequences are no longer self-defense;
  • If you lie in the bedroom and sleep, open your eyes and see a thief at the foot of the bed. You cut a knife out of the pillow. Although you are fighting in high fear, you may want to explain to the court why you hide a knife in the bedroom?
  • If you want to put a body-defense weapon in your bedroom, the best option is not a knife, but an explosion-proof flashlight. You can explain to the court that you are carrying a flashlight for night lighting, but the long pole and weight of the flashlight are just the right weapon.
Kill the burglar, but the Sydney man was acquitted! What is self-defense when you are threatened in Australia?


Self-defense of the three states 

New South Wales: self-defense is a reaction to threats to the safety of oneself or others, restrictions on freedom, encroachment on property, and even blocking any unauthorized illegal entry. However, defence must be moderate.


Queensland: self-defense is a revolt in the event of an illegal attack. It is also self-defense if the unintentional act of resistance results in the death of the attacking party. If the actions of the attacking party may result in the death or serious injury of the defender, the defender believes that lethal defence is self-defense if there is no alternative to lethal resistance.


Victoria: self-defense is what defenders think their defense is necessary, and the response is moderate.

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