Man finds intruder near daughter's room...

Raz

Raz

Raz

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then faces a murder charge after the man dies following a scuffle

Key bits

"Mr Batterham says he was assisted by a friend who helped retain Mr Slater [the intruder] in a chokehold until police arrived."

"Mr Batterham was initially charged with recklessly inflicting grievous bodily harm but the charge was upgraded to murder once the life machine was switched off."

If it's as reported then it's hardly fair to be charged with murder - I think almost anyone would have done what they could if they found a stranger in their home, let alone near their daughter's room.

also covered here

http://www.nydailynews.com/news/wor...urder-killing-home-intruder-article-1.2582155

http://www.dailymail.co.uk/news/art...bail-8-500-sign-petition-calling-release.html

which also states that the intruder, Slater, had past convictions for breaking and entering.

Although he had broken into someone else's house his mother apparently stated that her son was “murdered in cold blood” and that she wanted his killer to be “brought to justice”

Granted that this happened in Australia and laws may be different, but generally I do think that it's a difficult position to be in when you find someone has broken into your home - if you don't show any aggressiveness they may well leave you alone/not harm anyone but at the same time you're also going to be protective of your family as you just don't know what that person is capable of. In any case apparently they tried to arrest him and so the death would have been probably been an accident.

Is it a simple case that if someone breaks into your home then you should be allowed to protect yourself/your family at any cost?
 
The laws are the laws. You would need all the ins and outs of the case to form a reasonable opinion. Sounds like he overstepped the mark though, remember police/courts generally have to follow the rulebook. You can use reasonable force but no more. They deemed that he used more.
 
I still put it down to the intruder has no rights as soon as he enters a property.
Anybody would do the same.
Poor guy was just protecting his family.
 
Breaking someone's neck is a little more that restraining them, is it not? No idea, I smash intruders to death with my keyboard and eat the remains
 
Haven't got a clue about Australian Law, but I suspect it is based on UK legislation.

Whilst there is no doubt that the intruder was in the wrong, the question is, was the force used by the restraining person reasonable?

That would be the crux of the matter in the UK.

Whilst force can be used to protect someone, their property or to arrest/prevent crime it has to be reasonable.

It is for the courts to decide if the force used is reasonable or not.
 
Guessing there is probably something more than meets the eye to this story.

The fact there appear to be two fully grown men holding someone in a choke hold (and possibly continuing to after unconsciousness) probably doesn't help their case.
 
Unfortunately what most would consider reasonable action, or morally correct, isnt always reflected under law. Even if it seems like someone has done something justifiable, if it is deemed illegal then they will have to be charged as a criminal, whether or not the public opinion supports them. Shame that it's such a long slow road to have these things changed.
 
I'm not familiar with the laws in Australia, but all the debate around reasonable force is surely down to opinion of what people deem to be reasonable, especially since the now dead Richard Slater was struggling. The whole story though does seem to be either incredibly biased, stupid, or missing some vital information.

It seems terrible though how the 'victims' family is trying to plead innocence of Slater, despite his previous run-ins with the law, and that he was in someone else's home.

d_brennen said:
I smash intruders to death with my keyboard and eat the remains
Click to expand...

The remains of what, the intruder or the keyboard?
 
Is it bad I feel more for the guy being charged :confused:.

Not sure how much force is required to break a neck but both being large guys I can imagine in a struggle it could have been accidental.
 
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