THE death of a man in Noble Park last week, who was stabbed with a samurai sword after breaking into a house, has raised questions about the lengths people can go in protecting themselves in their own homes.
Civil rights group Liberty Victoria believes you can use force as long as it is “reasonable” under the circumstances.
Coverage of the Noble Park incident has evoked contrasting opinions as to what people’s rights are when confronted with intruders in their homes.
Liberty Victoria president Brian Walters said incidents of residents killing intruders were rare in Australia.
“It has been more common overseas, in particular where hand guns are more available,” he said.
“In the United States it is not uncommon at all, but the problem is that violent situations can be harmful for everyone involved, and every so often you have to resist with force.”
Mr Walters said people were allowed to resist intruders with reasonable force but that it did not mean “open slather”.
“It doesn’t mean you can do anything that is not actually necessary for the task at hand – that is it doesn’t justify you tying (intruders) up and torturing them.”
Asked whether a person’s state of mind in a life or death situation was considered in law, Mr Walters said it would be.
“You are only guilty of an offence if your state of mind is guilty,” he said. “If you believe you are at risk you are genuinely entitled to act on that belief.”What would you do if confronted in your home by intruders with weapons?
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