Murder or self defense?

pharmaboy

Eats Squid
Just an update,

In smh this afternoon, said pushing up daisies robber has been revealed as serving time for a rape of a 16yr old girl in Tamworth .

Chunt did not have a broken neck, but was found some distance from the house unresponsive by ambos/police.

Social network locals still saying, house is a drug house.

Opined conclusion - it's an all over win . One rapist, serial cunt, thief is dead, one probable drug dealer is in a Cessnock facility awaiting a murder trial .

Downside? The world is full of absolutely fucking idiots on social media who can't read past a headline nor do any research at all - perhaps this is an obvious truth and I'm a bit slow.......
 

cancan

Squid
My nephew recently woke up to someone breaking into his house. ..the police were called but with a pregnant wife and young daughter in the house and being an ex professional kick boxer he didnt wait for the police who when they finally turned up could not find him... and thats witj police dogs and a blood trail to follow... but when the crook left the property he didnt follow
 

schred

Likes Bikes and Dirt
I've got a few cold steel products, they are great value for money. The gladius looks pretty good for defending against cardboard, zombies, and farm animals...I'm sure George Orwell would've had one!

https://m.youtube.com/watch?v=KD67W6wyr8w

https://m.youtube.com/watch?v=zX_FjgiEJAg

https://m.youtube.com/watch?v=XHsmZutP3GQ

And remember...you can't swing a bat well in the hallway or doorway, and they are useless for thrusting.
Groovy but I'd be open the prospect that whoever is coming over means business, has done it before, is relatively alert and potentially better than you at defending themselves and ferociously attacking. Just as a possibility. They prob aren't going to stand there like tatami or piece o piggy and cop a big strike across the body. If you are really considering defending with this stuff it couldn't hurt to learn some basics of how to defend and attack, with them and on the receiving end of them. And if peeps don't want to, then accept it may very well be used against them or otherwise completely turn to sh1t. For all I know you're an instructor of some dark arts, so treat accordingly.

I remember my father used to have an old axe handle at the ready, nice teardrop cross section with lanyard on the end. Whatever it is, the one that you can get to in time is going to be the best one you've got. I have the dog and seriously bright flashlight on hand but I haven't been put to the test. Two pieces of steel tubing with rubber tubed handle grips sounds pretty rad though.
 

pink poodle

気が狂っている男
Groovy but I'd be open the prospect that whoever is coming over means business, has done it before, is relatively alert and potentially better than you at defending themselves and ferociously attacking. Just as a possibility. They prob aren't going to stand there like tatami or piece o piggy and cop a big strike across the body. If you are really considering defending with this stuff it couldn't hurt to learn some basics of how to defend and attack, with them and on the receiving end of them. And if peeps don't want to, then accept it may very well be used against them or otherwise completely turn to sh1t. For all I know you're an instructor of some dark arts, so treat accordingly.

I remember my father used to have an old axe handle at the ready, nice teardrop cross section with lanyard on the end. Whatever it is, the one that you can get to in time is going to be the best one you've got. I have the dog and seriously bright flashlight on hand but I haven't been put to the test. Two pieces of steel tubing with rubber tubed handle grips sounds pretty rad though.

I'm a lover not a fighter. Anyone breaks into my places is greeted with amyl, rubber, Viagra, and a can of wd-40...
 

EsPeGe

Likes Bikes and Dirt
So, probably starting a bit of a hot thread but this is something that really impacted me:
http://www.smh.com.au/nsw/emotional...iller-benjamin-batterham-20160327-gns2z6.html

Long story short; career criminal breaks into some blokes house while he and his family are in it. The owner of the found discovers this and an confrontation ensues. In this confrontation the bloke who broke in is put in a choke hold and ends up with a broken neck.

Now the home owner is up for murder.

This is actually probably one of my nightmare situations; finding an intruder in the house while my wife is there.

Many moons ago, I was a trained martial arts instructor and the essence of self defence was to inflict the appropriate amount of force onto your attacker until they are no longer a threat. For some that is verbal intimidation, for others it's maybe a joint lock/restraint and for some who are really going, it's chokes until they wee themselves.

My concern now, is that if I have to go down the most extreme course of action for someone who is either high or just really aggressive, and it goes wrong I would end up being charged for murder.

The reason this is a worry, is that if I don't go down the other path of inflicting less damage, the result could be me being in the right, but dead. I don't think I would get much comfort that I acted "the right way" when I am 6 foot under and the intruder gets charged with manslaughter/murder. Neither would my family.

So hypothetical; I'm at home with my wife, I hear something, I investigate and find an aggressive intruder in my house. Now what?
Option 1. Destroy the bastard then burn and bury the prick somewhere. In that situation it would be nearly impossible to link it back to you cos it was random so there is no recognisable link to you.

Option 2. Destroy the bastard. Then call a really good lawyer and DON'T SAY A SINGLE WORD TO THE COPS.

I prefer option 1. As you said would you rather be dead or worse both you and someone you care about dead? I'm willing to bet in the case you mention there will be some sort of deal struck. No one would want to try this in a court with a jury present.
 
There's clearly a pretty extensive back story that we know nothing about & chances are we'll continue to know very little about what actually happened until sentencing has been handed down, namely to ensure judicial process isn't compromised. Especially given the extensive coverage/public outcry/traction thru social media ala "Free Batterham" petitions etc. It's a murky story but as with most people I'm wholly unsympathetic over Ricky Slater's death.

As Pharmaboy points out, it ultimately comes down to whether reasonable force proportionate to the crime being committed was used. Sadly it'd be very hard for police to deduce that Batterham's actions were indeed reasonable & proportionate, & without 'intent', particularly in light of Batterham's 000 transcript where the operator clearly hears Batterham screaming "I'm going to fucking kill you"- Slater was then found unresponsive & no longer on Batterham's property (if that detail is indeed true). Doesn't bode well, regardless of how many of us believe we'd react in an understandably similar fashion had we been in that same situation. It's a situation we all fear & it genuinely can happen to anyone.

Back in 05 I'd moved into a share house in Abbotsford with a couple of girls who had already been in the place a few months. I worked a 9-5 but both the girls worked late nights in the hospitality industry so it wasn't uncommon to hear either of them coming in the door late at night. Long story short, circa 2am on a typical mid-summer night I was woken to the sound of banging & a muted female groan coming from the end of the house. Initially I thought I was hearing things, or that one of the girls had come home with someone & were simply having a good time so I proceeded to try & drift back off to sleep. Barely a couple of minutes had passed before the muted voice was then a curdling scream of "Help me!". I launched out of bed, grabbed the nearest weighted thing I could find (my telescopic monopod for my camera) & ran down the hallway to the back of the house where the girls' rooms were. By this stage I could clearly tell that someone was in Kate's room & things were far from ok. I barged my way through her door to find a guy knee-riding her (mounted on top of her, both his knees on her shoulders straddling her chest), her dressing gown partially across her face & his hands around her throat choking her. The piece of shit had pried off the fly screen on Kate's open window & crawled into her room then smothered her face with the dressing gown with the clear intention of raping her. Clearly wired up on something & considerably larger than me (& I'm not the smallest of dudes) the guy was oblivious to me having careened through door. I saw red (no, not the words I used in my statement) & Babe Ruthed the bastard in the side of the head with the monopod with ample force to turn his lights out & leave him slumped on the floor unconscious & bleeding. 000 was called immediately while I bound him with the sash from Kate's dressing gown & bagged his head with one of her pillow case (she may or may not have stomped him several times thereafter). Within minutes (the only bonus of living in what was then a bit of an inner-Melb hotspot) we had police & ambulance officers on our doorstep. Now while it's all good & well that Kate was ok, what I wasn't prepared for was the level of scrutiny my actions would receive. Right down to whether or not I'd verbally stated my presence to the perp upon entering Kate's room. I was interviewed 3-times by police within as many days, forced to repeat my account of events leading up to the police's arrival. Likewise I was asked to rationalise my actions in terms of why I'd bound & bagged the bastard (my account being that he was clearly under the influence of drugs, sizable, unpredictable & violent, & my primary concern at the time being for Kate's safety therefore tying the offender up until police arrived was my only way to be able to ensure both our safety while I tended to her; likewise that I'd bagged him with a pillow case "for fear" of me being recognised on the streets at a later date by the POS- which wasn't untrue, though done primarily to create an equivalent level of fear in the POS once he woke up). The police were personally very sympathetic to what they even described as a lucky & 'natural' outcome, however I was advised almost a week later, once the offender had been remanded in custody for sentencing (was refused bail, was known to police, was already on parole & had an extensive criminal record), that the scumbag's defense team wanted the case /charge down-graded to Break & Enter, & instead me pursued for false imprisonment, deprivation of liberty & common assault causing grievous bodily harm. It was a horrible protracted affair that dragged on for 6-8wks & left me bewildered as to how I could possibly be pursued given the chain of events. All I'll say is thank goodness Victoria Police & the attending officers were incredibly supportive with their statements & the court saw fit to uphold the prosecution's request to have the POS put away- I believe he was sentenced to 7yrs. Either way, we all moved out of the house soon after. And Kate's never really been the same since. Would I do it again? It's hard not to think that, knowing what I now know, I'd be a little more measured if it happened again, but then that's an easy thing to say when you're not in the thick of what feels like a pretty life & death moment involving someone you care about. And had Kate been my daughter, well I couldn't honestly say what my reaction would've been. Either way having your home, family or persons violated in a similar fashion is not something anyone should have to go through. Ultimately, while there are indeed people on this Earth who don't deserve to breathe/deserve to die, I don't believe that any one of us has the 'right' to kill, unless it's an EXTREME case & the actions are proportionate in order to protect one's self/family from what is a clear & apparent risk to their lives.

I empathise with Batterham & I certainly don't envy the police on the case. And if any of you are faced with a similar situation, just be very, very careful & appreciate that your actions will be scrutinised on a level the same as that faced by the 'criminal' themselves.
 

John U

MTB Precision
There's clearly a pretty extensive back story that we know nothing about & chances are we'll continue to know very little about what actually happened until sentencing has been handed down, namely to ensure judicial process isn't compromised. Especially given the extensive coverage/public outcry/traction thru social media ala "Free Batterham" petitions etc. It's a murky story but as with most people I'm wholly unsympathetic over Ricky Slater's death.

As Pharmaboy points out, it ultimately comes down to whether reasonable force proportionate to the crime being committed was used. Sadly it'd be very hard for police to deduce that Batterham's actions were indeed reasonable & proportionate, & without 'intent', particularly in light of Batterham's 000 transcript where the operator clearly hears Batterham screaming "I'm going to fucking kill you"- Slater was then found unresponsive & no longer on Batterham's property (if that detail is indeed true). Doesn't bode well, regardless of how many of us believe we'd react in an understandably similar fashion had we been in that same situation. It's a situation we all fear & it genuinely can happen to anyone.

Back in 05 I'd moved into a share house in Abbotsford with a couple of girls who had already been in the place a few months. I worked a 9-5 but both the girls worked late nights in the hospitality industry so it wasn't uncommon to hear either of them coming in the door late at night. Long story short, circa 2am on a typical mid-summer night I was woken to the sound of banging & a muted female groan coming from the end of the house. Initially I thought I was hearing things, or that one of the girls had come home with someone & were simply having a good time so I proceeded to try & drift back off to sleep. Barely a couple of minutes had passed before the muted voice was then a curdling scream of "Help me!". I launched out of bed, grabbed the nearest weighted thing I could find (my telescopic monopod for my camera) & ran down the hallway to the back of the house where the girls' rooms were. By this stage I could clearly tell that someone was in Kate's room & things were far from ok. I barged my way through her door to find a guy knee-riding her (mounted on top of her, both his knees on her shoulders straddling her chest), her dressing gown partially across her face & his hands around her throat choking her. The piece of shit had pried off the fly screen on Kate's open window & crawled into her room then smothered her face with the dressing gown with the clear intention of raping her. Clearly wired up on something & considerably larger than me (& I'm not the smallest of dudes) the guy was oblivious to me having careened through door. I saw red (no, not the words I used in my statement) & Babe Ruthed the bastard in the side of the head with the monopod with ample force to turn his lights out & leave him slumped on the floor unconscious & bleeding. 000 was called immediately while I bound him with the sash from Kate's dressing gown & bagged his head with one of her pillow case (she may or may not have stomped him several times thereafter). Within minutes (the only bonus of living in what was then a bit of an inner-Melb hotspot) we had police & ambulance officers on our doorstep. Now while it's all good & well that Kate was ok, what I wasn't prepared for was the level of scrutiny my actions would receive. Right down to whether or not I'd verbally stated my presence to the perp upon entering Kate's room. I was interviewed 3-times by police within as many days, forced to repeat my account of events leading up to the police's arrival. Likewise I was asked to rationalise my actions in terms of why I'd bound & bagged the bastard (my account being that he was clearly under the influence of drugs, sizable, unpredictable & violent, & my primary concern at the time being for Kate's safety therefore tying the offender up until police arrived was my only way to be able to ensure both our safety while I tended to her; likewise that I'd bagged him with a pillow case "for fear" of me being recognised on the streets at a later date by the POS- which wasn't untrue, though done primarily to create an equivalent level of fear in the POS once he woke up). The police were personally very sympathetic to what they even described as a lucky & 'natural' outcome, however I was advised almost a week later, once the offender had been remanded in custody for sentencing (was refused bail, was known to police, was already on parole & had an extensive criminal record), that the scumbag's defense team wanted the case /charge down-graded to Break & Enter, & instead me pursued for false imprisonment, deprivation of liberty & common assault causing grievous bodily harm. It was a horrible protracted affair that dragged on for 6-8wks & left me bewildered as to how I could possibly be pursued given the chain of events. All I'll say is thank goodness Victoria Police & the attending officers were incredibly supportive with their statements & the court saw fit to uphold the prosecution's request to have the POS put away- I believe he was sentenced to 7yrs. Either way, we all moved out of the house soon after. And Kate's never really been the same since. Would I do it again? It's hard not to think that, knowing what I now know, I'd be a little more measured if it happened again, but then that's an easy thing to say when you're not in the thick of what feels like a pretty life & death moment involving someone you care about. And had Kate been my daughter, well I couldn't honestly say what my reaction would've been. Either way having your home, family or persons violated in a similar fashion is not something anyone should have to go through. Ultimately, while there are indeed people on this Earth who don't deserve to breathe/deserve to die, I don't believe that any one of us has the 'right' to kill, unless it's an EXTREME case & the actions are proportionate in order to protect one's self/family from what is a clear & apparent risk to their lives.

I empathise with Batterham & I certainly don't envy the police on the case. And if any of you are faced with a similar situation, just be very, very careful & appreciate that your actions will be scrutinised on a level the same as that faced by the 'criminal' themselves.
Wow. Like you say, you would know what you'd do in the circumstances but you definitely came up with the goods in the heat of the moment. Well done in such a horrible situation.
 

eastie

Likes Bikes and Dirt
Raises the question I asked my wife a while ago - who is her dead body friend? To my amazement, obviously not everyone has considered which of your mates would you call upon, without fear, to help sort out what could become an awkward dead body situation.
 

Flow-Rider

Burner
Well, this was my neighbour of 20 years. We played together as kids, I always had a gut feeling that something was very wrong with him, he had that very strange look in his eyes of emptiness and done some weird type of shit that was unexplainable. Later on in life he ended up breaking into our shed on many occasions and stole items that he later tried selling to someone we knew for his drug habit. He was later trialled for murder and tried to appeal the conviction against murder by saying he had a thyroid problem and that it exaggerated the drug problem.

Always follow your gut feeling about people, it never lies. I can honestly say that I lived next to an axe murderer.

http://archive.sclqld.org.au/qjudgment/1996/QCA96-344.pdf
 
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moorey

call me Mia
Well, this was my neighbour of 20 years. We played together as kids, I always had a gut feeling that something was very wrong with him, he had that very strange look in his eyes of emptiness and done some weird type of shit that was unexplainable. Later on in life he ended up breaking into our shed on many occasions and stole items that he later tried selling to someone we knew for his drug habit. He was later trialled for murder and tried to appeal the conviction against murder by saying he had a thyroid problem and that it exaggerated the drug problem.

Always follow your gut feeling about people, it never lies.

http://archive.sclqld.org.au/qjudgment/1996/QCA96-344.pdf
Was with you until the last but. Hunches and gut feeling really can't be trusted, IMHO. That's were prejudice often kicks in.
 

ajay

^Once punched Jeff Kennett. Don't pick an e-fight
Each to our devices man. The bloke was a time bomb waiting to explode.
While your gut feeling may have been correct in that instance, its certainly not something you should always trust.
 
Wow. Like you say, you would know what you'd do in the circumstances but you definitely came up with the goods in the heat of the moment. Well done in such a horrible situation.
The moment I connected with the guy I was instantly terrified that I'd genuinely killed him. Anger & impulse can have people lash out in the strangest of ways when forced into a compromising situation that requires an immediate response- & there's no denying that I was a hair's breadth from being in a lot of trouble. My only thought at the time was to do whatever necessary to get him off Kate & if I were honest about it, scaling back the extent of my swing wasn't even a consideration. I thank my lucky stars the guy was still breathing- I quite like my freedom.

Raises the question I asked my wife a while ago - who is her dead body friend? To my amazement, obviously not everyone has considered which of your mates would you call upon, without fear, to help sort out what could become an awkward dead body situation.
I imagine a shovel & several big bags of lime are your only friends in that situation. Breaking points are breaking points- everyone rolls over eventually.

Hunches and gut feeling really can't be trusted, IMHO. That's were prejudice often kicks in.
This. Hunches & gut feelings are only good parameters when there's an equal or greater level of fact & evidence to support the 'feels'. God know hunches & gut feelings have laid waste to many a good person too thanks to aspersion & prejudice.
 
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moorey

call me Mia
Each to our devices man. The bloke was a time bomb waiting to explode.
.
Confirmation bias. Everyone has dozens of stories about misjudging or being misjudged.

While your gut feeling may have been correct in that instance, its certainly not something you should always trust.
Except when people who haven't met me, assume I'm a chunt. They should go with that.
 

pink poodle

気が狂っている男
Raises the question I asked my wife a while ago - who is her dead body friend? To my amazement, obviously not everyone has considered which of your mates would you call upon, without fear, to help sort out what could become an awkward dead body situation.
I dig my dirt all by my lonely...
 

Calvin27

Eats Squid
Raises the question I asked my wife a while ago - who is her dead body friend? To my amazement, obviously not everyone has considered which of your mates would you call upon, without fear, to help sort out what could become an awkward dead body situation.
My bro. But I don't need him. Being a mtbr, you should know all the good spots. Lysterfield lake is my location of choice. Ya just gotta make them sink.
 
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