Defending your home
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<blockquote class="ipsBlockquote" data-author="Rembrandt" data-cid="578848" data-time="1462966307">
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<p>yeah beating someone to death isn't great..I guess I'm assuming he was otherwise a law abiding citizen with a family to support who just lost the plot when some feral invaded his home. Is there an argument for a temporary insanity type defence? Imagine being massively boozed up already and then being woken by some meth fiend in your house, any reasonable control could go right out the window</p>
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<p>If I read that article right, Batterham played hockey for Australia.</p> -
<p>Contrast this story with those drunk louts foiling that Oporto robbery a couple months back</p>
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<p> </p>
<p>
<p> </p>
<p>Drunk louts = true blue aussie heroes, world wide fame!</p>
<p> </p>
<p>Is the difference here just general fitness? Aussie hero had too many pies so couldn't catch up and hold the oporto thief.</p> -
<blockquote class="ipsBlockquote" data-author="Rembrandt" data-cid="578959" data-time="1463015721">
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<p>Contrast this story with those drunk louts foiling that Oporto robbery a couple months back</p>
<p> </p>
<p>Drunk louts = true blue aussie heroes, world wide fame!</p>
<p> </p>
<p>Is the difference here just general fitness? Aussie hero had too many pies so couldn't catch up and hold the oporto thief.</p>
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<p>Jesus that's a long bow. </p>
<p> </p>
<p>No-one is objecting to Batterham chasing down the thief, it's just what he did once he caught him that drastically crossed the line.</p>
<p> </p>
<p>Are you suggesting these two blokes would have murdered the thief if they caught him??</p> -
<p>Anyone else seen this weird case? <a data-ipb='nomediaparse' href='http://abcnews4.com/news/crime-news/judge-finds-probable-cause-loftis-will-stand-trial'>http://abcnews4.com/news/crime-news/judge-finds-probable-cause-loftis-will-stand-trial</a></p>
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<p>Don't think you're going to make a great case when you bury them. Manslaughter in self defence kind of implies you'd ring the cops straight away and tell them what happened.</p>
<p> </p>
<p>But its a stressful situation so any weird shit could happen.</p> -
Well certainly not intentionally. The big guy ran after him and was pretty pissed up, who is to say what might have happened had he caught him? He clearly felt he had to intervene even without a personal affiliation to the business being robbed, probably at least thought about holding him until the police arrived.
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<blockquote class="ipsBlockquote" data-author="Rembrandt" data-cid="579007" data-time="1463019469">
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<p>Well certainly not intentionally. The big guy ran after him and was pretty pissed up, who is to say what might have happened had he caught him? He clearly felt he had to intervene even without a personal affiliation to the business being robbed, probably at least thought about holding him until the police arrived.</p>
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<p>I'm still not sure what your point is. Plenty of people every day try to apprehend criminals, generally trying to be good citizens. That isn't what makes the Batterham case remarkable, it's the actions he took once he apprehended the bloke.</p>
<p> </p>
<p>Trying to paint those two blokes as potential murderers is a bit silly.</p> -
<p style="margin-left:40px;">Sitting on some numpty until the cops arrive, or giving him a smack round the ears, or bumping his head into a wall while waiting for the cops is much, much different to killing someone you have chased for 400m...</p>
<p style="margin-left:40px;"> </p>
<p style="margin-left:40px;">How long would the average joe take to run 400m? >80/90sec?</p> -
<blockquote class="ipsBlockquote" data-author="taniwharugby" data-cid="579015" data-time="1463020983">
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<p> </p>
<p style="margin-left:40px;">Sitting on some numpty until the cops arrive, or giving him a smack round the ears, or bumping his head into a wall while waiting for the cops is much, much different to killing someone you have chased for 400m...</p>
<p style="margin-left:40px;"> </p>
<p style="margin-left:40px;">How long would the average joe take to run 400m? >80/90sec?</p>
<p> </p>
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<p>With an off-duty cop telling him to go easy on him and cut it out. That's probably gonna be hard to explain away in court. </p>
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<p>As an aside, that interview with the shoeless and shirtless aussie guys is exceptional!</p> -
<blockquote class="ipsBlockquote" data-author="taniwharugby" data-cid="579015" data-time="1463020983">
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<p> </p>
<p style="margin-left:40px;">Sitting on some numpty until the cops arrive, or giving him a smack round the ears, or bumping his head into a wall while waiting for the cops is much, much different to killing someone you have chased for 400m...</p>
<p style="margin-left:40px;"> </p>
<p style="margin-left:40px;">How long would the average joe take to run 400m? >80/90sec?</p>
<p> </p>
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<p>I'd back you to be in the 60-70 bracket TR :hi:</p>
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<p>But yes, internet fame for those two Ozzies, hopefully a lifetime supply of "pluggers" too.</p> -
<blockquote class="ipsBlockquote" data-author="aucklandwarlord" data-cid="579056" data-time="1463030754">
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<p><strong>With an off-duty cop telling him to go easy on him and cut it out. That's probably gonna be hard to explain away in court. </strong></p>
<p> </p>
<p>As an aside, that interview with the shoeless and shirtless aussie guys is exceptional!</p>
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<p>This is an odd point. Why didn't the cop intervene? If he was on duty surely he would have and even off duty - well, aren't police never really off duty? I'd imagine he will have some questions to answer.</p> -
<blockquote class="ipsBlockquote" data-author="Rembrandt" data-cid="578959" data-time="1463015721">
</p>
<div>
<p>Contrast this story with those drunk louts foiling that Oporto robbery a couple months back</p>
<p> </p>
<p>
<p> </p>
<p>Drunk louts = true blue aussie heroes, world wide fame!</p>
<p> </p>
<p>Is the difference here just general fitness? Aussie hero had too many pies so couldn't catch up and hold the oporto thief.</p>
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<p> </p>
<p>Fat pissed idiot calling for people to call the cops while his mate right next to him is busy recording everything on his smartphone. In portrait mode like a fucking retard.</p>
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<blockquote class="ipsBlockquote" data-author="NTA" data-cid="579005" data-time="1463019407">
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<p>But its a stressful situation so any weird shit could happen.</p>
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<p>True, but the test is what a reasonable person would do. Burying people isn't reasonable. Neither is chasing someone for four hundred metres so that you can bash them and choke them to death. The danger to life and property has long since passed.</p> -
<p>I'm hearing talks on the Radio about some sort of "self defence" argument for people in abusive relationships. Only caught the tail end of one snippit but the gist of what I got sounded almost like "retaliation first" ie battered wife kills abusive hubby in his sleep because she wanted to get in first before he killed her ? Interested in aucklandwarlord and Godders take on this.....I'm sure I got that particular bit wrong but sounds to me like some seriously murky waters.</p>
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<p>Surely it's the principle of proportionate response</p>
<p> </p>
<p>You smack me in the head - I smack you in the head but you fall on your head and goneburger - manslaughter</p>
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<p>You smack me in the head - I pull out a gun and empty the magazine at your head and body from 3 metres away - murder</p>
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<p><span style="font-size:8px;">although there's a couple of posters who I reckon you could mount a successful defence of justifiable homicide even in the second scenario</span></p> -
Come on, if you've had a few beers...
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<blockquote class="ipsBlockquote" data-author="mariner4life" data-cid="579288" data-time="1463110855">
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<p>Come on, if you've had a few beers...</p>
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<p>How's the mood in the talk on the FB posts now this new evidence has come to light M4L ? Easy for bogans in OZ to get all high and mighty and go on about how he's a he hero and they'd all smash any fluffybunny who dared enter their house ( complete with ubiquitous use of the word "mate" to emphasize their point ) but guess I'm just interested to see if any have backtracked on their view or they reckon "the fluffybunny got what he deserved...(mate )"</p> -
<p>Facebook? Don't be silly my friend. That particular piece of clicktivism was weeks ago. There's no traction to posting about it now, that was 6 bogan outrage trends ago. </p>
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<blockquote class="ipsBlockquote" data-author="Catogrande" data-cid="579085" data-time="1463042053">
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<p>This is an odd point. Why didn't the cop intervene? If he was on duty surely he would have and even off duty - well, aren't police never really off duty? I'd imagine he will have some questions to answer.</p>
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<p> </p>
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<p>Not entirely sure how it works in Aussie, but in NZ there were a heap of rules around what you should and shouldn't do when intervening off duty. If you had been drinking, the best rule of thumb was not to get involved hands on (headline reads "Drunk off duty cop bashes good samaritan"). Or if you didn't think you could safely handle it, you weren't supposed to intervene either - for example and off duty cop shouldn't get involved in a brawl where they're gonna end up getting their own head punched in as well. </p>
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<p>I would imagine that provide that off-duty cop called the police immediately, they should have their arses covered. </p> -
<p>Thanks. Makes sense.</p>