Law wants victims to read minds
SELF-DEFENCE in the legal world is a complicated, tricky matter, according to a local law lecturer.
CQUniversity head of law and commerce school Robert Fischer said there was one key element people needed to keep in mind when looking at self-defence matters.
"The key thing about self-defence is the response has to be proportionate to the threat," he said.
Mr Fisher said that meant if someone comes at a person with a gun and the other person responds with a gun that was deemed a proportionate response.
However, he said if someone threaten a person with an axe and the respondent used a gun, it was a different matter.
Mr Fisher's comments come after people in the community responded to a story in yesterday's edition of the Morning Bulletin about Shaun Michael King who was jailed for shooting Brian Eric Wells.
Mr Wells went to Mr King's house in Depot Hill in September 2009, wielding an axe.
High on morphine, King grabbed a .22 bolt-action rifle and threatened to shoot Wells through the window.
Laughing at the threat, Wells plunged towards the open window at the 20-year-old with the axe when Wells was shot in the neck.
Four people commented on the Morning Bulletin website about the article, most saying they couldn't believe an axe wasn't deemed the same as a gun, or that King was jailed for defending himself.
Others on the street in Rockhampton told the Morning Bulletin they would have done the same thing as Mr King - grab any kind of weapon to defend themselves.
Kristine Oszterling said it would be better to be in jail alive than be dead due to a weapon-wielding intruder attacking you in your own home.
Mr King was sentenced to three years in jail, with a parole release date in February due to time already served in custody.