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Post by spinifex on Mar 31, 2018 13:17:40 GMT 10
In the case of a home invasion (that is, a serious criminal trespass in a place of residence), acting for a defensive purpose or to defend property can be complete defences to an offence, including murder, even if the defendant's conduct was not objectively reasonably proportionate to the perceived threat [s15C Criminal Law Consolidation Act 1935 (SA)].
Somewhat comforting. Yet .... it does say 'can be' and not 'are' ... complete defences. That means that it's possible they 'may not be' too.
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Post by frontsight on Mar 31, 2018 23:42:53 GMT 10
This topic has come up at my shooting club many times, many members are LEOs' so we exchange stories rather often (I was an LEO in another country many years ago). We all seem to agree on one thing, the judges and members of the jury are all human and as human being, we all have different opinions. Bottom line, you still need to convince people that you have acted out of fear of you life.....
Consider this, 2 different people, one a known bikie gang member who is 150kg, 7 prior convictions, well trained in MMA and a skull tat on the neck, the other 60 years old lady who is a desk clerk and does charity work every weekend. On separate occasions, the following happens to them: they are just minding their own business in a restaurant when a friend sneaks up on them and give them a hug from behind, out of fear, they just grab the steak knife and stab blindly at what is behind them, killing the friend in the process. Now, one of them is going to have a hard time convince the jury that it they were scared for their lives. How you present yourself is extremely important, it may not be fair, but this is how the world works. Somehow having a loaded gun with you paints a picture of you being willing to break the law, it casts doubt. It will be harder for you to convince people that you are telling the truth regarding your state of mind at the time.Even if you do get out of it, it will be harder, longer and more costly.
The very idea of having to find a good lawyer tell us that our legal system is somewhat flawed (this goes for every country in the world), we are dealing with humans, otherwise why does it matter who you hire? The same goes for having an appeal system, it pretty much says that we deem the system flawed at times. So the less you look suspicious, the better off you are. Breaking two different firearm laws ain't helping
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Post by graynomad on Apr 2, 2018 11:37:02 GMT 10
When looking to buy pepper spray in WA years ago I questioned the legality of using it. The bloke behind the counter said it depends on the situation, for example if a little old lady uses it on you there will probably be nothing done, if you use it on a little old lady you are in deep shit.
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Post by spinifex on Apr 2, 2018 19:06:38 GMT 10
That settles it. I'm taking up Fencing so I can have a good reason to possess a rapier.
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Post by Peter on Apr 2, 2018 20:44:04 GMT 10
That settles it. I'm taking up Fencing so I can have a good reason to possess a rapier. Then I'd suggest you also have some 15th-16th century armour, and join a historical society as I don't believe the rapier has been a part of any official fencing sport in recent times...
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spatial
Senior Member
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Post by spatial on Apr 2, 2018 21:06:14 GMT 10
When looking to buy pepper spray in WA years ago I questioned the legality of using it. The bloke behind the counter said it depends on the situation, for example if a little old lady uses it on you there will probably be nothing done, if you use it on a little old lady you are in deep shit. Last time I checked prepper spray was illegal in NSW and not easily obtainable there are many online recipes on how to make an equivalent. Jut a bottle of spices you use for cooking that you panicked grabbed. It is a bit fuzzy if it was before or after you clobbered him on the head with the children softball bat...
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Post by graynomad on Apr 2, 2018 21:30:47 GMT 10
When looking to buy pepper spray in WA years ago I questioned the legality of using it. The bloke behind the counter said it depends on the situation, for example if a little old lady uses it on you there will probably be nothing done, if you use it on a little old lady you are in deep shit. Last time I checked prepper spray was illegal in NSW and not easily obtainable there are many online recipes on how to make an equivalent. Jut a bottle of spices you use for cooking that you panicked grabbed. It is a bit fuzzy if it was before or after you clobbered him on the head with the children softball bat... Was legal to buy in WA a few years ago, dunno about now.
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Post by Peter on Apr 2, 2018 21:38:39 GMT 10
AFAIK it still is, although it's been discussed by quite a few people so the party-poopers have probably outlawed it... I'd be curious to find a valid defense for its use, as it is primarily a self-defence tool (which tend to be banned by the PTB)...
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fei
Senior Member
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Post by fei on Apr 2, 2018 23:36:51 GMT 10
When looking to buy pepper spray in WA years ago I questioned the legality of using it. The bloke behind the counter said it depends on the situation, for example if a little old lady uses it on you there will probably be nothing done, if you use it on a little old lady you are in deep shit. Last time I checked prepper spray was illegal in NSW and not easily obtainable there are many online recipes on how to make an equivalent. Jut a bottle of spices you use for cooking that you panicked grabbed. It is a bit fuzzy if it was before or after you clobbered him on the head with the children softball bat... A reason why the ladies in my family like to carry a can of hair spray in their handbags. Maybe not quite as effective as pepper spray, but a good squirt in the face would bugger up an thief or attacker's day. Re the swords --- when I was a kid we had a family friend who had a lot of reproduction swords and armour throughout his house. One night he caught a burglar prowling about his house and smacked him with the closest weapon to hand. When the cops came they had a good look through his collection and warned him about having illegal weapons, but nothing further was said. Then again, he was a JP and a prominent high-ranking member of the state emergency services, which may have altered how the cops dealt with him.
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Post by spinifex on Apr 3, 2018 19:37:47 GMT 10
That settles it. I'm taking up Fencing so I can have a good reason to possess a rapier. Then I'd suggest you also have some 15th-16th century armour, and join a historical society as I don't believe the rapier has been a part of any official fencing sport in recent times... Indeed. Looks like I'll be starting a petition to the IOC to have a historic rapier discipline added to Fencing. In the mean time I guess I'll just stick to my chicken shortener.
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Post by Peter on Apr 17, 2018 20:35:49 GMT 10
Last time I checked prepper spray was illegal in NSW and not easily obtainable there are many online recipes on how to make an equivalent. Jut a bottle of spices you use for cooking that you panicked grabbed. It is a bit fuzzy if it was before or after you clobbered him on the head with the children softball bat... Was legal to buy in WA a few years ago, dunno about now. Apparently it is still legal. I passed a gun store the other day - it's named "Popaway and Bang" (I kid you not) - and they sell the stuff.
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Post by perthprepper on Apr 20, 2018 9:33:38 GMT 10
Was legal to buy in WA a few years ago, dunno about now. Apparently it is still legal. I passed a gun store the other day - it's named "Popaway and Bang" (I kid you not) - and they sell the stuff. Used to live around the corner. Great part of town and a good shop, though small. Best not to strike up a conversation with Jeff (the owner) when you're in a hurry. He could talk for a week solid. Good bloke though
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