By GEORGIA WESTGARTH
CRANBOURNE, Tooradin, Narre Warren, Clyde – no south-east suburb is safe from aggravated burglary and no home owner can be sure they won’t be targeted next.
But what can you do if your home is invaded by balaclava-clad thieves?
Slater and Gordon criminal lawyer Veronika Drago explains how self-defence used wrongly in certain circumstances could result in imprisonment.
Ms Drago represents clients from across Melbourne and appears in suburban courts, including Dandenong and Frankston and advises that triple-zero be a home owner’s first point of call.
“Home owners should never approach a home invader where retreat is possible,” Ms Drago said.
“In circumstances where retreat is possible but the home owner instead decides to use force, this could expose the home owner to criminal liability.”
Such force should only be used in circumstances where a home owner believes that it is necessary to defend themselves, another or their property, she explains.
“The force must always be reasonable and proportionate to the threat to their personal safety, the safety of another or the property damage.
“A person is also entitled to rely on self-defence if they take steps to forestall a threatened attack before it has begun. The key issue is whether the home owner’s perception of danger led him or her to believe that the use of defensive force was necessary and that that belief was based on reasonable grounds.”
With baseball bats a common go-to for residents fearful of their safety, Ms Drago told The News the use of weapons is based on the type of threat a resident is facing from the intruder.
“Weapons can only be used in circumstances where there is a direct and imminent threat from an intruder, however it must be proportionate,” she said.
“A home owner cannot simply hit an intruder with a baseball bat just because they are standing in their kitchen as this would be disproportionate.”
If a home owner badly injures an intruder Ms Drago said it again depends on circumstance.
“A person who injures an intruder could face criminal charges and be found guilty of an offence if the court finds that they did not act in self-defence,” Ms Drago said.
“They could also possibly face civil action. Again, the issue of proportionality must be considered.
“The home owner, in extreme examples, could also possibly face civil action if their actions caused serious injury to the intruder.”
Ms Drago said an intruder may have the right to pursue a civil claim against the home owner if injured in some circumstances.
But, “a home owner would have the right to dispute the claim”.
The most recent crime statistics show a steep rise in overall crime in the City of Casey – up more than 15 per cent on a per capita basis in the past year.
Some tips for Casey home owners from Ms Drago:
* Some of the best protection against home invasions can be as simple as having a positive relationship with your neighbours, who could urgently contact the police to assist, or having good home security.
* Home owners should always be very careful not to take matters into their own hands, unless it is necessary and lawful to do so, and must remember that the police should always be called in the first instance wherever possible.
* If an intruder were charged with a criminal offence, their rights would be the same as a home owner charged with a criminal offence. That is, they have the right to enter a plea of guilty or not guilty to the charge or charges against them. Whether a defence is available would depend on the circumstances of the case.
