NitroXAdministrator
(.700 member)
22/11/17 11:26 PM
Re: Is the 40 S&W DEAD???

Quote:



In Aust. if you believe you or another is about to die or suffer serious injury (Use to be called Grievous Bodily Harm) you can take the offenders life. Yes, in most cases you will be charged and face trial unless your legal people can show you were in the right. Most that are charged say the wrong thing to start with and over zealous police do not help.




"In Aust" - blanket comments like that are often incorrect as this one is. Australia is made up of State and Territory jurisdictions. Each has different, common or varying laws and also case law may differ. Case law between states can be advisory but there is no mandatory precedent.

SA for example, used to , and may still do, have both legislative law and also common law, that "if an individual feels endangered, they may act to defend themselves." Case law early on after the legislative change, had three cases where a person shot and killed an offender and was acquitted in all three cases.

Not being a lawyer, not offering legal advice. Also as things change, this may have changed, but not to my knowledge.


Quote:

Most that are charged say the wrong thing to start with and over zealous police do not help.




Aint that the truth.

I saw one iunvestment house owner shoot his mouth off big time when a serial drug addict and house breaker broke into his renovation house and was shot and wounded by the defender.

Only wounded so a big sob story of desparation was invented, how it was the first time, etc etc etc.

The houseowner also said, on TV camera "If you break into my house, you leave in a body bag!!!"

Really really stupid.

The TV crews probably were sympathetic and riled him up to get "quality footage".

The guy ended up in court, cost him well over $100,000 in legal fees. I put a $100 to his fighting fund, which raised some $40,000 or so. Stupid comments like that can cost at best, a year or two of great inconvenience, a lot of legal bills, or bankruptcy, even if aquitted.

Far better to keep to the TRUE simple statement.

"I felt endangered for my life. I felt my family were endangered. I got a gun. The man inside my house threatened to kill me. I fired it in self defence. I rang the police. I know what legal representation. "




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