Crocodile Dundee or William Tell? A thief broke into a Sydney home on the weekend, stole money, goods, and car keys. As he tried to steal the SUV the 68 year-old resident appeared, armed with bow and arrow. As the thief tried to escape the resident shot him in the butt. If he is found he will be charged with B&E but the resident will be charged with assault with a deadly. What's your opinion? Should he be charged? Should he have aimed a little higher? Or lower?

http://www.abc.net.au/news/2016-11-07/intruder-shot-with-arrow-during-break-in-at-home-in-sydney/8000696

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4 Answers

Corey The Goofyhawk Profile
Corey The Goofyhawk , Epic has no limit, answered

I'd say leave the resident alone. It was his house and he was defending it. I would have done the same. The burgler gave up his rights when he broke in and began stealing things. If anything, I congratulate the resident for a job well done. Lol, in the butt!

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Didge Doo
Didge Doo commented
Me too, but unfortunately it doesn't work like that over here. We don't have your Second Amendment.
Corey The Goofyhawk
Even here, many homeowners are still charged with assult in similar situations. It doesn't make sense to me. The homeowner did nothing wrong. There are some organisations that have even partnered with the NRA in that exact case to legally defend the homeowner/gunowner.
Didge Doo
Didge Doo commented
Good to know.
Ancient Hippy Profile
Ancient Hippy answered

In my opinion, the homeowner should be given a medal for defending his home and property. I hope the thief gets an infection and his butt swells to the size of Kim Kardashians butt.

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Ancient Hippy
Ancient Hippy commented
I see similar cases on this side of the pond too Didge. They usually result in plea bargain with little or no punishment.
Didge Doo
Didge Doo commented
It's one of the rare times we can be fairly sure the jury will come up with a sensible answer instead of being manipulated by lawyers.
Ancient Hippy
Ancient Hippy commented
Yes, thank goodness.
Maurice Korvo Profile
Maurice Korvo answered

I agree with Corey, the thief got what he deserved.  A person should never be charged when he is defending what is his. Hope the arrow head was barbed and rusty.(might have been better if he had shot the thief in the knee.... Give him some aches and pains to remind him not to do it again)

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Didge Doo
Didge Doo commented
We all think alike on this, K1. If you break into somebody's home you deserve what you get.
Maurice Korvo
Maurice Korvo commented
Defence could always argue that the OLD man could not have possibly made the shot and the thief sat on the arrow in the car, the owner just made the story up to sound important LOL
Didge Doo
Didge Doo commented
Love it. :D
Tom  Jackson Profile
Tom Jackson answered

Well, the rule of law (as opposed to the law of the case) generally is that property is not as important as human life; so I am not surprised at the initial position of the police.

But we do not have all the information.

If the man could duplicate that shot, thus demonstrating that he was proficient with bow and arrow and therefore not acting recklessly when he shot, that could be a factor.

Also I am unfamiliar with the court system in Australia and how "indictments" are obtained.  If the system is similar to the USA, he may not be indicted.

And if I were on that jury, the prosecutor had best expect a lesson in jury nullification.

5 People thanked the writer.
Didge Doo
Didge Doo commented
All points well made, Tom. I posted it because I thought it was funny that a thief ended up with an arrow in the butt. I hope the old guy gets jurors like you, if it ever goes to court. :)
Tom  Jackson
Tom Jackson commented
Yes, I like that nullification concept---it makes it easier to achieve justice.

The classic case for property vs human life is where a guy triggers a shotgun to kill someone who breaks into his house while he is away.

You can get a lot of insight from pondering that for a while.

Regards...

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