Lastest Lunacy from La-La Land

B

Bruce from West Oz

New member
As I write this, there's still steam coming from my ears and my blood pressure has gone through the roof ...

Reported on the news tonight:

A man in Bunbury (a large provincial city about 90 minutes south of Perth) gets a phobne call from a neighbour last night to say there's a prowler in his backyard.

Man takes a kitchen knife and goes to investigate. He is confronted by the prowler, who belts him with a length of PVC pipe. Homeowner retaliates and in the struggle the prowler is stabbed in the chest -- and subsequently dies.

Police charge the homeowner with causing "Grievous bodily harm" and say the charge (quote)"may be upgraded to murder, depending on the results of an autopsy".(unquote)

This is followed by a stern warning from the police to call them and not take the law into our own hands.

What the hell has happened to this country of mine that I love(d) so dearly?

Arrgghh stuffit!! I'm going to have a beer. Looks like a serious letter-writing day tomorrow.

Bruce
 
Here in Arkansas, they've got to be in your house before you lay them to rest. it's a shame that guy is going to have to go through hell, just because he was protecting what was his. it's also a shame here and there, evidently, that the criminal has more rights then the victim!! it's a screwed up situation!

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what me worry?
 
Bruce,

Generally, people on this planet have become blithering emotional idiots who couldn't have a rational thought if they were so forced with a strategically placed charged cattle prod. I guess it's just the sign of the times.

In the great state of Alabama, things aren't, as of yet, nearly as bad as they are in Australia. We pretty much have to wait until the bad guy is in the abode before we can terminally perforate him, as is the case in Arkansas. However, there are exceptions.

There hasn't been talk of banning any firearm types, thank goodness. The majority of people in this state still become rather upset when such talk sprouts up in the press. You should see the letters to the editor favoring the pro-gun position when the Huntsville Times runs an editorial denouncing gun ownership and rights. All in all, the Southeast is probably the most gun friendly region of the U.S. Thank goodness!
 
Bruce, I'm sorry to tell you this, mate, but ... you'll never be able to get the language down pat. ;) I dearly want to hear a fellow from Australia with a tinge of Alabama accent after a few years! ;)

Sorry to hear about your continued deterioration down under.
 
It's a VERY different story here in the southern US. There's not a single district attorney in this entire state who would charge that man with anything. That's a crying shame, and truly disturbing. Has anyone heard that "a man's home is his castle"? True enough, the "make my day" laws don't kick in until the intruder in inside the domicile's walls, but beyond that, prosecutorial discretion takes over (i.e. common sense). Unfortunately, it's apparently not very common.
 
Bruce--any chance of posting some contact info (especially e-mail) for the department bringing the charges? I'd like them to know that people not only in Australia, but from around the world, are watching their ludicrous actions against this unfortunate gentleman, and are condemning them whole-heartedly.
 
Bruce,

You're welcome here anytime! It's gonna take awhile to get the accent down. Being a transplant from the North, though born in N. Carolina, it's taken me sometime to adequately utilize the nuances of the Southern accent. Fortunately, Venita, my wife, has been patient with me. Now I don't sound like such a Yankee!

Seriously, though, people here take the right to keep and bear arms seriously. Though some of the laws concerning firearms here are a little ludicrous, I'd rather live here than anywhere else in the world! Hundreds of thousands of acres of public hunting lands, relatively generous game limits, good fishing, and hospitality that can't be beat. If there's ever another Civil War, I'll be on the South's side, without question!
 
I saw on our local tv news a while ago they had they had case of where someone saw a person trying to break into his car, he then saw the same person trying to rob a petrol station so he pulls in to help, he chases the criminal, not knowing if the criminal is armed or not he picks up a bit of fence paling and goes after him. He catches him, thief resists and gets whacked with fence paling :) The police then charge him for whacking the theif, he never went overboard and just whacked him a bit. He did look a bit bruised and battered but nothing serious. The case went to court and the magistrate found him not guilty of whatever they charged him with for whacking the theif.
So if you see someone robbing a petrol station in NSW just ask him nicely to stop.


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intelligent survival discussion at http://www.gun-center.com/dcforum/dcboard.cgi?conf=survival
 
Bruce,
Considering all the weird happenings down in that part of the world lately, I'm beginning to wonder if that huge hole in the ozone layer scientists found over Antarctica a few years ago has migrated.
 
Bruce,
Let me guess, was the knuckle dragging neanderthal that started the mess by robbing ever charged with anything? Or did the nice Police have the good folks at the hospital kiss his ouchie and make it better then send him on his merry way?

I'm getting very tired of the good guy's being forced to always finish last!
Abe


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If everyone thought like me, I'd be a damn fool to think any different!
 
BAB and Futo Inu :
The situation's a bit different here. The police make the arrest and also lay the charges. We don't have DAs. The police are represented in court by a Police Prosecutor -- usually a senior copper, but not necessarily a lawyer (very rarely, in fact).

I've since heard from a couple of cops they think the good guy's innocent, but they have no latitude, no choice in the matter.

Geoff and HM3:
Would that be like "G'day y'all, mate"? ;) "You jest set on down a spell and we'uns'll have us a coupla ice-cold tinnies!"

B
 
Bruce:

I'm unfamiliar with your laws, but when one is confronted with a pipe wielding assailant I can't believe that using reasonable and justifiable force to protect oneself and one's property is considered illegal. I understand you lack a constitution, but this seems to be the most basic of human rights.

The question I have for you is " Are you (and the other Australian posters to the TFL forum} in that much of a minority, that this type of "state action" is just accepted by the average person on the street? If so, you might really want to get those immigration papers. I'm not asking you to explain their actions--hey, Clinton was elected twice, just trying to understand how this stuff keeps happening to a people that I respect.

Also, please consider that there are some of us here (on the TFL forum} who aren't native speakers of either Aussie or southern english. Whenever I'm hearing (reading) either, I have to activate my built in interpreter and your " G'day y'all, mate. You jest set on down a spell and we'uns'll have us a coupla ice-cold tinnies!" just about caused a short-circuit. Thanks.
 
Lucas:

With regard to your question, I don't think the "average person" in the street cares two hoots about what happens. They cluck their tongues, perhaps, and go back to watching the football or the cricket. I mean, we're a nation that devoted literally scores of hours of prime-time TV to the fact we won the cricket World Cup. There was a 150 000-strong crowd to greet the team, complete with tickertape parade!! For a cricket game!!

Both State and Federal govts are also experts at diverting attention -- their "smokescreens" are a work of art. And the general populace just believe what is fed to them on the idiot box.

The second part of your question revolves around the use of "justifiable" force. While we don't have the full facts concerning the stabbing, and probably won't until the trial, it appears the intruder was stabbed during a struggle over the knife. This was after he hit the householder with a length of PVC pipe and then grappled with him.

The police will claim that the force used was not "justifiable" under our laws. It will be up to the jury to make a decision as to whether they agree or not. Personally, I believe the man will be found "not guilty" of murder (the charge is apparently to be upgraded to that, according to today's newspaper report), but will be found guilty of a lesser charge, perhpas unintentional manslaughter or something like that (I'm no lawyer). It's about 50-50 whether he'll go to prison or not.

Using force to protect yourself does come within the law, provided you "fear for your life" (or your family's). Using such force to protect your property is outside the law.

We are urged constantly by police that if someone breaks into our home, we should evacuate it immediately and leave the area -- let the thieves get on with their job and call the police.

(The last time I had cause to do this -- an intruder was trying to break my front windows -- it took 20 minutes for the police to arrive.)

The last part -- my language. I apologise if I cause difficulties, although I was "answering" a previous writer in that instance. I'll keep an eye on it in the future.

B
 
Wow, and to think that I once wanted to visit down under. My wife still wants to vist, but I have told her, "Like Hell, I didn't lose anything down there!" Your leaders have lost their minds. Here in Texas if you find someone spray painting grafetti (sp?) on your garage wall after sunset, you can legally light them up. Yep, its still on the books "Criminal Mischief after Dark, you can apply deadly force". I really, really don't recommend it however because they aren't a lethal threat yet, wouldn't want to possible hurt much less kill young kids just because they were still a little young and stupid. There is also the problem of a civil jury still thinking you overstepped the bounds of common sense. I heard that the crime rate in Australia is headed up. Wonder if it could be because criminals like unarmed prey. Kind of a no brainer huh! Hope your leaders come to their senses and turn things around, but it is unlikely.
 
Bruce:

The last part of my post about Aussie/southern english was a joke. I apologize if my attempt at humor failed.

I'm going to have to learn how to use those smiley faces.
 
Tex: Don't do it, guy! Yes, it's still on the books, but the case laws says you'll fall like a ton of bricks. They sort of hammered this rather repeatedly into us in Academy. Don't even *think* of the mess you'll wind up in in Civil Court, to boot!

But I must say, even as liberal as they are in places like Dallas County, with their "clearly needs to go to jail" doctrine, (as opposed to Ft. Worth's Tarrant County's "clearly needed killing" doctrine...)Texas isn't too bad. One nice thing here is the concept of "No duty to retreat." A man's home is his castle here, and where has a man to retreat to, if he is not safe in his castle?

But remember, it is better to be jailed for acting honorably than to live free as a slave.

Little comfort for him.

Regards,
L.P.
 
Bruce,
Aww struth mate... don't get yer knickers in a knot over it. ;)

Have few cold ones, lite up the barbie & 'aveagoodweekend ! :)

Wots in a name she says & then she sighs. Clasps 'er little 'ands & rolls 'er eyes, a rose she says be any other name 'twold smell the same - Aussie extract from Romeo & Juliet :D

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"The Gun from Down Under !"
http://www.para1911fanclub.w3.to/
 
TEX, Long Path: Browse through Vernon's Annotated Civil Statutes for Texas, and hunt up the sections on use of deadly force. It's pretty specific, and somewhat startling to some.

(If an armed bad guy is running away, and the proverbial reasonable and prudent person has reason to believe the BG would be a danger to the community, it is legal to center-punch him between the shoulder blades. However, civil law hazards would still apply, and common sense is always mandatory...)
 
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