Self-defenders have no right to impose penalty

The Australian | September 3, 2002 | OP ED

[tarawa]

Copyright 2002 Nationwide News Pty Limited The Australian

September 3, 2002, Tuesday

SECTION: FEATURES-TYPE- FEATURE-COLUMN- OP ED; Pg. 11

LENGTH: 423 words

HEADLINE: Self-defenders have no right to impose penalty

SOURCE: MATP

BYLINE: Stephen Romei

BODY: ABOUT five years ago, I watched a man climb into my backyard and take a crowbar to the back door. Opting for the element of surprise, I went downstairs, opened the door and inquired: "What the f--- do you think you're doing?"

He dropped the crowbar and ran, vaulting the fence like Tatiana Grigorieva. I recall this incident not to come over all Hemingway, but to suggest there are options for dealing with intruders other than splitting their skulls. The latter happened to 16-year-old Joshua Fox when he invaded the upstairs residence of Sydney's Peakhurst Inn in April 1999, in a drunken attempt to sneak into the pub.

He was bashed senseless by licensee Honeheke Newton, who had armed himself with a metal bar.

Newton had a right to protect his property and his family, but he did not have the right to beat Fox to within an inch of his life, to cross the line that separates self-defence from vigilantism.

This was the view of the courts, too. Fox was awarded $50,000 in compensation last week. The decision sparked predictable warnings of a "world gone mad" in which criminals are victims and victims criminals.

"No legal system can tolerate situations where criminals are allowed to use the law for their own profit," NSW Opposition Leader John Brogden brayed.

For starters, Fox was not charged with any offence. The judge may have described him as a "grossly stupid, totally irresponsible, drunken teenage lout", but this is not yet a crime.

More importantly, the judge noted that Fox posed no threat and offered no resistance when confronted.

What worries me most is the widespread "I would have done the same thing" attitude. Well, here's a tip: The fact you, too, would have sent Fox to cranial surgery does not make it right.

Tolerate the use of excessive force and we are but a nod and a wink from the sort of behaviour celebrated by the US's National Rifle Association. Here's an inspirational example from its Armed Citizens archives:

Spartanburg, South Carolina, 15/3/88: Todd Knight, 11, was home alone after school when two "rough looking" men broke in. Knight loaded his .22 rifle, a Christmas gift, and opened fire, killing both intruders. The sheriff's department, calling the shootings justifiable, said both men had records.

Or how about this: a motorist remonstrates with a pedestrian for impeding an intersection. The pedestrian leans into the car window, where the motorist stabs him to death. This one is not from the NRA's files; it happened in Melbourne at the weekend.

[tarawa]

WOW! Even for some of the bliss-ninnies of the Commonwealth, this is pretty bad.....

[FateAmenableToChange]

I'm trying to figure out why Todd Knight - an 11 year old home aloner who protected himself from two home-invaders - is somehow equivalent to a sociopathic australian driver who knifed a pedestrian during a traffic disagreement. The author has no moral sense whatsoever.

[Just another Joe]

Sneak into my house without my permission and you too will be shot.
I will not shout, "Freeze punk", or, "What the f**k do you think you're doing?", I will shoot you down like a dog.
I don't know who you are, why you are there, if you're armed, hopped up on PCP, or many other variables.
If I wanted to know those things I would seek you out and ask you. I didn't, so don't sneak into my house.

[3k9pm]

ABOUT five years ago, I watched a man climb into my backyard and take a crowbar to the back door


Wonder what his response would have been if the perp had quit beating the door and started on him?

This is the same crap warmed over.

[dighton]

Spartanburg, South Carolina, 15/3/88: Todd Knight, 11, was home alone after school when two "rough looking" men broke in. Knight loaded his .22 rifle, a Christmas gift, and opened fire, killing both intruders. The sheriff's department, calling the shootings justifiable, said both men had records.

Nice shooting.

What's this idiot's problem?

[weikel]

This article perfectly demonstrates the statist view. Rights like self defense are legitimately delegated by the people to the government not vice versa as this guy seems to think. In practice it tends to work the other way unfortunately.

[Orangedog]

The author has no moral sense whatsoever.

Which is typical of someone who thinks that it's just fine to let some drunk strong-arm his way into a senior citizen's home anytime he feels like it.

And another thing, regarding the court giving the perp $50,000...the old guy should have made sure that there was only one side of the story to be told to the court. Never leave a job half done.

[trebb]

Thanks to the author for reaffirming my position that it's best to shoot intruders - dead people can't sue...

[Orangedog]

Nice shooting.

What's this idiot's problem?

Well obviously the 11 year old didn't take his beating (and possible murder) like a good little victum, as the pin-head author would have had him do.

[Shryke]

This author is clearly a hair-dressing paintywaist that has never endured violence. Would he say the same about catching a guy breaking into his little girl's bedroom?

[FreeTally]

Thanks to the author for reaffirming my position that it's best to shoot intruders - dead people can't sue...

But their families can. That's why you better "make sure" they have a weapon.

[Vidalia]

The funeral for an unknown entity who has committed breaking and entering, especially of a residence would be much less expensive and time consuming for all involved (surgeons, courts, all that paperwork, etc,) ...

[monday]

"''They just never seem to learn,'' he said."

If I was a criminal in England I would be targeting guys like this. They are sitting ducks. All they have to do is waltz in and take whatever they want. If he lifts a finger to protect his property, sue the pants off him using his own article as evidence. LOL, what a loser.

[Pearls Before Swine]

Would he say the same about catching a guy breaking into his little girl's bedroom?

There's no harm in asking him what the f*** he think's he's doing--before pulling the bat or pistol out from behin your back. Unless you need the tactical element of surprise...

[45Auto]

"...to suggest there are options for dealing with intruders other than splitting their skulls

Like, maybe, putting several 230 grain hardball "pills" into the bastard's gut.

Sometimes there may be options, but I sure as hell am not going to wait around too long to try and figure them out. If some dipstick is breaking into my house any time of the day or night, and I happen to be there, its a 50/50 chance that the dipstick is going out in a bag. I don't fire warning shots.

[Destructor]

"Sneak into my house without my permission and you too will be shot.I will not shout, "Freeze punk", or, "What the f**k do you think you're doing?", I will shoot you down like a dog.I don't know who you are, why you are there, if you're armed, hopped up on PCP, or many other variables. If I wanted to know those things I would seek you out and ask you. I didn't, so don't sneak into my house."

Buddy, I heard that!

[DaveCooper]

Ugh. That merited a Barf Alert, but I guess the title made that unnecessary.

[Paleo Conservative]

Spartanburg, South Carolina, 15/3/88: Todd Knight, 11, was home alone after school when two "rough looking" men broke in. Knight loaded his .22 rifle, a Christmas gift, and opened fire, killing both intruders. The sheriff's department, calling the shootings justifiable, said both men had records.

Excellent shooting. A .22 rifle isn't very powerful.

[Paleo Conservative]

But their families can. That's why you better "make sure" they have a weapon.

In Texas, an intruder doesn't have to have a weapon, he only has to be in your house except at night when you can shoot someone outside but on your property.

[MarkL]

Depending on what's closest, someone entering my home, without my permission, late an night, would hear me say, "Stop or you'll die," and then hear the bolt drop on a Benelli Super 90 12ga, or nothing, as a S&W 625, loaded with 200gr CCI/Speer Lawmen .45ACP is brought to bear.

Mark