The National Forum   Donate   Your Account   On Line Opinion   Forum   Blogs   Polling   About   
The Forum - On Line Opinion's article discussion area



Syndicate
RSS/XML


RSS 2.0

Main Articles General

Sign In      Register

The Forum > General Discussion > But not in Australia...

But not in Australia...

  1. Pages:
  2. Page 1
  3. 2
  4. 3
  5. 4
  6. All
"The self-defense is now the law. Salvini: "Beautiful day for the Italians"
The Senate definitively approves the design on legitimate defense. The League celebrates: "Finally it is really legitimate". The Anm on the barricades: "Less guarantees for all"

Andrea Indini -Thu, 03/28/2019 - 15:47

From today the legitimate defense will always be presumed. With 201 votes in favor, 38 against and six abstentions ( video ) the Senate has, in fact, approved the reform that, modifying the paragraph two of the article 52 of the penal code, widens the meshes in order to use "a legitimately held weapon or other suitable means " for the defense of " one's own or others 'safety " or of one's own or others' property" .
http://www.ilgiornale.it/news/politica/legittima-difesa-ora-legge-salvini-bellissimo-giorno-1670364.html
(a 'Translate this page' translation).

In Australia, the advice is to comply with home invaders demands.
Posted by Is Mise, Sunday, 7 April 2019 10:42:39 AM
Find out more about this user Recommend this comment for deletion Return to top of page Return to Forum Main Page Copy comment URL to clipboard
In Australia, the advice is to comply with home invaders demands
is Mise,
perhaps we should organise an invasion of Parliament Hose ? Could be the fastest way to restore order in the country !
Posted by individual, Sunday, 7 April 2019 1:38:23 PM
Find out more about this user Recommend this comment for deletion Return to top of page Return to Forum Main Page Copy comment URL to clipboard
In defence of Australian English, I decry the 'defenSe’ spelling.

In Australian law, self-defence is a 'legal defence’ if someone kills or maims another person who is threatening them.

Obviously, this has to be determined by the courts after the fact. Sans eyewitnesses, you cannot expect that your claim that someone broke into your house or raised fears for your safety, so you took him out with your 20 gauge flintlock that you usually use for hares and rabbits, to be automatically accepted. You might do, of course, and that's why you can expect to face an enquiry.
Posted by ttbn, Sunday, 7 April 2019 1:52:22 PM
Find out more about this user Recommend this comment for deletion Return to top of page Return to Forum Main Page Copy comment URL to clipboard
Govts could start changing the system by making Legal Aid available to victims also !
Posted by individual, Monday, 8 April 2019 8:29:28 AM
Find out more about this user Recommend this comment for deletion Return to top of page Return to Forum Main Page Copy comment URL to clipboard
Is Mise,
Thank you for raising this matter. I have given this matter some thought of recent times. I now question my ability to give any measure of protection to myself and others, and my property, in the event of say a home invasion, using a weapon such as a cricket bat. My age weakening means I would need a firearm. Perhaps it was a wrong move on my part to give away my firearms when I decided to give up hunting. I was even thinking of just letting my gun licence expire.

I may be wrong but home invasions appear to be increasing and one can readily see the advantages for the criminal, as their actions are out of public view and far less likely to be witnessed.
Posted by HenryL, Monday, 8 April 2019 10:59:53 AM
Find out more about this user Recommend this comment for deletion Return to top of page Return to Forum Main Page Copy comment URL to clipboard
Dear HenryL,

I'm not sure where you live but in Victoria the statistics are showing a pretty steady decline.

http://thenewdaily.com.au/news/state/vic/2018/06/14/victorian-crime-statistics-home-invasions/

One of the reasons that initially drove an increase was better prevention measures against hot wiring cars. This meant it became worth the risk for some to break in and attempt to steal the keys. This normally meant the owner was at home. In Victoria there does not need to have been any interaction between the owner and the thief for it to be called an aggravated burglary.

"The offence of burglary is aggravated if the person has with him or her a firearm, imitation firearm, offensive weapon, explosive or imitation explosive. Aggravated burglary also occurs if, at the time of entering the building, someone else was present and the offender knew, or was reckless as to the fact."
http://www.sentencingcouncil.vic.gov.au/publications/sentencing-snapshots/211-aggravated-burglary-higher-courts-victoria

From the same link you will see that in 2012-13 of the 127 cases about a third of those convicted of this offence were given non-custodial sentences, but by 2016-17 only one of the 92 cases resulted in no jail time.

So rather than Is Mise's vision of a bunch of people advanced in years fearfully sitting behind their front doors waiting to blow away the neighbour's blind drunk teenager who got his houses mixed up, I'm happy for the police and courts to be allowed to do their job.
Posted by SteeleRedux, Monday, 8 April 2019 11:35:04 AM
Find out more about this user Recommend this comment for deletion Return to top of page Return to Forum Main Page Copy comment URL to clipboard
  1. Pages:
  2. Page 1
  3. 2
  4. 3
  5. 4
  6. All

About Us :: Search :: Discuss :: Feedback :: Legals :: Privacy