over 60 african youths charged, page-51

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    https://www.abc.net.au/news/2019-03-01/home-invasion-self-defence-law-explained/10853652

    Reasonable and proportionate

    Peter Maley, one of two lawyers who represented Mr Denigan, said injuring intruders didn't automatically qualify as self-defence.

    Instead, he said there were different parameters within the criminal code.

    "There's a whole body of law on it but I suppose it's best summarised by this: the response has to be reasonable and proportionate," he said.

    "You can certainly detain someone who's invading your home or your business, but you can't cause grievous harm or kill them — it's got to be reasonable force.

    "But in some situations, if the person's armed or there's an imminent threat to your life or your family's life, then you can exercise a more lethal level of force."

    Police say property theft and home invasion are some of the most common crimes in the NTbut advise against keeping a weapon in the home for protection.

    They say they offer this advice because intruders may grab the weapon and use it themselves.

    But Mr Aust said there were other reasons to think carefully about arming yourself.

    He believed it could reasonably lead to vigilantism or situations where the response ended up being disproportionate to the threat.

    "You have to believe it's necessary before you do anything. If you don't believe it's necessary, then you're not acting defensively," he said.

    Last edited by Rock57: 24/10/19
 
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