Tuesday, 17 February 2009

Home Invasion and the Castle Doctrine

WB noted the Herald report where David Allen, said he was acting in self defence when he fired once at Muni Rangi Sam Collier - known as "Boxer". WB also applauds the verdict of the Jury; after deliberating for five hours, the jury of seven men and five women in the High Court at Hamilton accepted his defence, also ruling out manslaughter. http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10557174

WB believes that NZ needs to have a inviolate "Castle Doctrine" clause in our law so as to ensure that crims that enter our property can be deterred up to and including the use of deadly force.

WB lives in a rural community, it is facile to suggest that we should call the Police (at best they are 40 minutes away) to arrest the crim that has already fled the scene (with spoils) or in the all to common case left the householder bashed, raped and or dead.

WB has borrowed from Wikipedia here however the Castle Doctrine allows;

An intruder must be making (or have made) an attempt to unlawfully and/or forcibly enter an occupied home, business or car.

The intruder must be acting illegally -- e.g. the Castle Doctrine does not give the right to attack officers of the law acting in the course of their legal duties

The occupant(s) of the home must reasonably believe that the intruder intends to inflict serious bodily harm or death upon an occupant of the home

The occupant(s) of the home must reasonably believe that the intruder intends to commit some other felony, such as arson or burglary

The occupant(s) of the home must not have provoked or instigated an intrusion, or provoked or instigated an intruder to threaten or use deadly force

In all cases, the occupant(s) of the home must be there legally, must not be fugitives from the law, must not be using the Castle Doctrine to aid or abet another person in being a fugitive from the law, and must not use deadly force upon an officer of the law or an officer of the peace while they are performing or attempting to perform their legal duties.