We live in a dangerous world. The crime rate keeps increasing, and it’s normal to feel completely helpless. Sometimes it isn’t always possible to wait for law enforcement. You might be placed in a situation that calls for immediate action.
You might wonder how you can protect yourself and your property without being charged with a crime.
Personal Safety
The following incident highlights the need for awareness around personal safety:
On the eve of 17 August 2022, a 30-year-old man tried to enter a house in Thomas Street, Chermside. He claimed he needed the toilet, and the resident didn’t allow the suspect into the home. The suspect then assaulted the resident before fleeing.
Police found the suspect, who then attacked the police as well.
The suspect was charged with two counts of serious assault, assault with bodily harm, burglary, intentionally going into someone’s property, and obstructing police.
In certain instances, the law lets you do things that would usually be unlawful if it is done to protect yourself.
Citizen’s Arrest
If you see a crime taking place or reasonably suspect someone of a crime, you may arrest them. You should hand this person over as soon as possible. Bear in mind you may later be accused of wrongful arrest, false imprisonment, or assault.
So, you shouldn’t go above the limited lawful authority you have. Contact a lawyer from one of the best Gold Coast Criminal Law Firms if you’ve made a citizen’s arrest.
Self Defence
You may use reasonable force to stop an attack from taking place or continuing. In certain instances, this would be a defence even if the assault were provoked. If you used self defence in good faith or helped someone else who was being attacked, you could also claim defence of another.
Provocation
You are not guilty of assault if you were provoked.
The provocation must meet the following requirements:
- It must be an act, word, or signal that would probably cause a reasonable person to lose their cool.
- It must be aimed at you or someone close to you (i.e., a child, partner, or parent).
The force used must be reasonable in relation to the provocation. You should not intend to kill or seriously injure the other person, and the reaction should be instant. This means there was no opportunity to calm down and regain control of the situation.
Safeguarding Your Property
You can use reasonable force to stop a person from entering or staying on your property without a lawful reason. The court will decide if the force used was reasonable under the circumstances. You are not allowed to place traps on your property or will be held liable for injuring that person (even if such a person is an intruder).
Conclusion
Humans have a built-in ‘fight or flight’ reaction when we are in danger. If you choose to fight, you could be charged with an offence. The law does offer some relief in these instances. It is advisable to seek advice from one of the top Gold Coast Criminal Law Firms if you need direction on protecting yourself, your loved ones, or your property.