POLITICS - Home defence in OZ...

[Old Ironsights]

Adelaide Australia:

A SOUTHERN suburbs man who killed a home invader with a bow and arrow has walked from court a free man, after prosecutors dropped a murder charge against him.

Kevin Paul Tempero was charged with the murder of Graeme Gibson at Seaford in July last year but the Director of Public Prosecutions instead tendered no evidence on the charge in the Supreme Court.

Mr Tempero was clearly relieved as he walked from the court with family members.

"It has been a pretty tough time on everyone," he said.
"I can't comment on anything else at the moment."

The 30-year old and his 28-year old brother Steven George Tempero spent almost two months in custody on murder charges before being released on bail.

Mr Tempero's lawyer, Greg Mead, had told the court that Mr Gibson broke into the Robertson Road home looking for Steven Tempero, who he believed had made advances on his girlfriend.

The court heard Mr Gibson was assaulting Steven Tempero when he was fatally shot with the compound bow.

Kevin Tempero called 000 to report a "home invasion."

Mr Tempero said: "I had to use an arrow ... I had no choice ... he was assaulting my brother and would not stop," the Christies Beach Magistrates Court heard last September.

When police arrived at the home, Mr Tempero handed them an archery set that he used to kill Mr Gibson, a father of a three-month old baby girl.

Mr Tempero, who had no history of violence, told officers: "I shot him with an arrow in self defence for my brother."

The murder charge against Steven Tempero was dropped by the DPP in March.

He was not in court this morning as his brother was also cleared of the murder charge.

Under legislation introduced in 2003, householders are permitted to use "whatever force they deemed necessary" when confronted by a home invader.

Previously, those who killed or injured a home invader had to prove that the force used was reasonable in the circumstances.

http://www.news.com.au/adelaidenow/stor ... 01,00.html
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Are the Magistrates finally coming to the realisation that Self Defense IS reason for the use of weapons????

Wow.

Still, they sat in prison for 3 months... can't allow people to defend themselves without some consequences.

[Ysabel Kid]

Still, they sat in prison for 3 months... can't allow people to defend themselves without some consequences.

That would be my worry. Sitting in prison for 3 minutes over hear could be a death sentence. I think I'd rather take my chances fighting and die on my feet...

[gundownunder]

Yes the law states that we can use necessary force to defend ourselves but we still would have no chance whatsoever of getting a firearms license for purposes of self defence.

If six goblins attacked me with baseball bats ( I thought I was going to die that night ) and I pulled my sixgun or rifle I would be hard pressed justifying why I had the gun out of the safe.

If I opened up on them with the 357 I would end up in prison till I proved that the first four were justifyable self defence and then I would go back to prison when they found me guilty of using excessive force on the fifth and cold blooded murder on the sixth.

If the six mongrel dogs had killed me that night their aboriginal legal aid lawyer would have got them off easy on the grounds that they are hard done by, and due to substance abuse they were unable to have the intent to commit a crime.

Justice in this country is a pox ridden joke.

Sorry, sometimes I jump onto the soapbox and from there its only a small step up onto the table

[Ysabel Kid]

Sorry, sometimes I jump onto the soapbox and from there its only a small step up onto the table

I'm just sorry that it is getting to be the same way everywhere in what once was called the "free world"...

[KirkD]

I'm glad things worked out and a precedent was set. You all can save yourselves a lot of trouble if you learn how to articulate in a police statement why you felt you were in immediate danger of grievous bodily harm or death. Talk to a police officer about how to do this. There are a number of standard terms, phrases, distances, etc. that if used in your statement, can make a very large difference in whether you are charged or not.

[Iron_Marshal]

Repeat after me...ahem..."I WAS AFRAID FOR MY LIFE!"

Again..."I WAS AFRAID FOR MY LIFE!"

One more time..."I WAS AFRAID FOR MY LIFE!"

[gamekeeper]

It's crazy that in country's like Australia and the UK we have more of a problem with our "Law Makers" than the low life who are relatively easy to deal with if you have "the means" .

[Old Ironsights]

Even more crazy is that it took a Brit to write a book that explained exactly how easy "the means" are to make... and if you can make them, you can dispose of them - almost faster than disposing of the bodies.

"No, Inspector, I have no idea of the name of the SAS man who filled this housebreaker full of 9mm slugs. Certainly *I* don't have the means to do so...."

[Paladin]

I will agree "I was in fear of my life" is the correct phrase. I don't think you can blame the SAS and get by with it there are mainly using 5.56 like the ones we are stuck with. I can't wait to see if they start banninig Bows.

[Grizz]

There are a number of standard terms, phrases, distances, etc. that if used in your statement, can make a very large difference in whether you are charged or not.

Kirk, please, what are they?