the biggest thing that bothers me DW98, is if anyone in your list had tried to defend themselves they would have been breaking the law, and would have been arrested
can you tell us what they would have been effectively charged with?
It depends on a lot of factors. Safe to say if I used what was deemed "unreasonable force" in defending myself then I'd probably be going to prison. If I was home-invaded and there was not a direct threat to myself or others and I shot the person(s) then I'd be going to prison. Most likely for the following: Unsafe use of a firearm, attempted murder (or murder depending on what happened -- second degree most likely), causing grievous bodily harm, discharging a firearm in a public place and various other firearms offences. Even if it was a justifiable shooting then my firearms would be confiscated for a while, license temporarily revoked and I'd be in for a lengthy trial.
Back in 2003 or so South Australia passed a law which says that home-owners can defend themselves at any cost (within reason obviously but you get the point). I believe that the law is (thankfully) still in place. If you shoot, stab etc. someone in my state, you better be damned sure it will be deemed justifiable.
Back in late 2012 there was a case in Tasmania where a home-owner shot (allegedly accidentally) and seriously wounded a 15-year-old boy who was part of a group of people vandalizing his house. He was cleared. Sometimes there's sense, but most of the time the LAFO's will be at fault.
One of the main issues is that while the police do a pretty good job, our magistrates hand out pathetic sentences for violent crime, which gives little deterrent to not re-offend. You would have to do something really horrendous to be given a life sentence here. Remember this is a country where you can murder someone and be out in a few years (or less in some cases), I'm talking about outright murder as well, not manslaughter.
For example, back in the late 80's in my city a 19-year-old man walked along a busy road and started shooting at passing cars, killing 7 and wounding 19. Two of the dead were friends of my family. After a shootout with police he surrendered (ran out of ammo). The judge gave him a non-parole period of 27 years, saying there was a chance of rehabilitation
. Later this year he's up for parole, and apparently he has a chance of being released (he's 45 now). What a fuc%^%# joke.....
Here's the article:
A CLARENDON Vale householder accused of deliberately shooting a teenager has been found not guilty by a Supreme Court jury in Hobart.
Ronnie Edward Jackson, 40, pleaded not guilty to causing grievous bodily harm over the incident which occurred early on October 22 last year.
A jury heard that on the day before the shooting some of Mr Jackson's neighbours were arrested over a stolen car in their backyard.
A crowd of about 30 people gathered in the street outside Mr Jackson's house and blamed him for dobbing them in.
Several yelled at Mr Jackson and rocks were thrown on his roof. The 15-year-old shooting victim was among the group.
Crown Prosecutor Patrick Dixon said about 10.30pm a car was pushed on to the nature strip in front of Mr Jackson's house and set alight.
About 1.45am his front window was smashed and a fire extinguisher was discharged into his house.
The court was told Mr Jackson took a single-barrelled 12-gauge shotgun, loaded it and went outside.
The weapon discharged and a 15-year-old boy nearby was hit, causing serious abdominal wounds, including a lacerated liver and colon.
Mr Jackson told police he had stumbled when the boy threw a fire extinguisher at him and the gun had gone off accidentally.
"I don't think he would have been shot if he hadn't thrown the fire extinguisher at my leg," he told police.
The victim told the court he was standing alone near the burned-out car when a figure loomed out the darkness carrying a long object.
"I heard a tapping noise. I put my head up and looked. The person raised the gun and fired," he said.
"I remember being shot, then I can only remember patches."
Under cross examination from defence lawyer Kim Baumeler, the boy denied smashing Mr Jackson's window with a rock, discharging a fire extinguisher inside the house or throwing a fire extinguisher at the Mr Jackson just before the shooting.
He said broken glass on his clothing could have come from when he collapsed after being shot.
The jury deliberated for 45 minutes before returning a not-guilty verdict.
Investigations are continuing after a man was beaten to death outside a petrol station in the Victorian boarder town of Cobham, following an argument.
A man with stab wounds, covered in blood walked into Gladesville police station allegedly claiming he had stabbed his sister to death. A woman's body was later discovered.
NSW government urged to act on violence
Police are investigating the shooting of a man from Adelaide's northern suburbs in a targeted attack overnight. He remains in a serious condition at the Royal Adelaide Hospital.
Residents are not reporting shootings, say police Meaning non-fatal ones (I hope). Not surprised.
"I hear gunshots nearly every night" Quote from someone living in western Sydney.
Saw the police released some crime stats earlier. According to the official statistics there were 115 gang-related shootings across 10 suburbs in Sydney's west last year. I assume there were considerably more than that. No mention of how many there were in the rest of the city.
