A case that made news headlines this Easter will have many people pondering exactly how they would have reacted in similar circumstances. In Newcastle, a 33 year old man awoke at 3-30 am to discover an intruder in his home and this 34 year old stranger was looking into his daughters bedroom.
It is alleged that the householder attempted to restrain what he saw as the "burglar " and when he resisted this developed into a fight. This fight progressed out of the house and onto the footpath, where another male assisted the householder to make a citizens arrest. Somehow in the struggle, the intruder suffered a broken neck and when the police arrived he was taken to hospital. He died some time later - and the householder has now been charged with murder.
The deceased was recently released from jail and had a history of break and enter crime. His family say he was reformed and had turned his life around, but the fact remained that he was in someones house without permission in the middle of the night and the householder had every reason to feel aggrieved. It certainly raises the question of what we can legally do to restrain an intruder in similar circumstances.
Two powerfully built men of similar age are locked in a struggle. One had the intention of preventing the others escape and intends to hold him until the police arrive. This requires a degree of force because similar force is being exerted by the intruder in his attempt to get away. It seems to be drawing a very long bow for the police to lay a charge of murder.
To most people, " murder " is a felonious killing made with intent. It is highly unlikely that a person awoken in the middle of the night to find an intruder in their home has the intention of ending that persons life. Depending on the health, age and gender of the householder, the first impression is probably fear and the thought that the intruder may have a weapon. We definitely have the right to defend ourselves, although the extent of that right is unclear in law.
It seems that our law statutes confer equal rights to the intruder. We may not use excessive force to prevent an escape, and that is where "citizens arrest " seems to verge into the gray area of the law. The law discourages citizens from doing what is obviously the function of the police, and yet police powers are more clearly defined. Should an offender armed with such a weapon as a walking stick threaten arresting police the officer is legally entitled to use deadly force such as firing a gun. Any householder attempting a citizens arrest is treading dangerous territory.
There seems little doubt that this case will have have many people examining all the scenarios that may arise in this troubled world in which we live. Simply hosting a birthday party for one of the family can result in "gatecrashers " invading the home and starting a riot. What force may we use to legally evict them |?
We awake to find a thief "hot wiring "our car. Do we confront the thief and try and stop the successful theft - or do we just phone the police and hope they recover our precious car in an undamaged state ?
The "worst case scenario "is to find an intruder in our house in the middle of the night. This evokes the fear of physical attack or possibly rape and justifies defence, but it seems that the legal situation is far from clear. The law is full of "if's, but's and maybes " and depends on what interpretation will be arrived at by others.
The outcome of this murder charge will be closely watched by many people !
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