Over the centuries, the common law has seen increasing restrictions on the use of lethal force, and the boundaries with respect to what is considered lawful self-defence have increasingly narrowed. At the same time, over the centuries, the right of a householder to defend in his or her home has been a value (and policy consideration) that has remained important to society, dating back to the seminal „Semayne‟s case‟ of 1603 in which the English courts recognised that: “the house of everyone is to him as his castle and fortress, as well for his defence against injury or violence as for his repose”. The purpose of the current report is to assess the current position with respect to the defence of residential dwellings at law with a particular focus on Australia, positioned within the global context.
PRIMA FACIE CASE UNDER INTERNATIONAL LAWSVogelDenise
17 USC § 107 Limitations on Exclusive Rights – FAIR USE
. . . the first international conception of conspiracy law, requiring a finding that of 1) a plan involving at least two persons 2) a clearly outlined
criminal purpose and 3) that the plan cannot be too far removed from the time of decision and
action.
A separate “conspiracy”-like form of participation (in successful endeavors) was also defined by the tribunal where 1) there was an existing system to commit the offences, 2) awareness of the system by the accused and 3) that the accused be involved in the operation of the system.
PRIMA FACIE CASE UNDER INTERNATIONAL LAWSVogelDenise
17 USC § 107 Limitations on Exclusive Rights – FAIR USE
. . . the first international conception of conspiracy law, requiring a finding that of 1) a plan involving at least two persons 2) a clearly outlined
criminal purpose and 3) that the plan cannot be too far removed from the time of decision and
action.
A separate “conspiracy”-like form of participation (in successful endeavors) was also defined by the tribunal where 1) there was an existing system to commit the offences, 2) awareness of the system by the accused and 3) that the accused be involved in the operation of the system.
U.S. District Court Decision Against Chesapeake & Inflection on Force Majeure...Marcellus Drilling News
The decision handed down by U.S. District Court Judge David Hurd that found Chesapeake Energy and Inflection Energy could not extend land leases beyond the original term because of the drilling moratorium in New York State. Chespeake & Inflection claimed the moratorium prevented them from drilling, but the judge ruled they could have still drilled conventional, vertical wells.
Admiralty & Maritime Law Pittsburgh - Moschetta Law Firmmoschettalaw
Looking to learn more about Admiralty and Maritime Law? This presentation touches on the Jones Act, Defense Base Act and More. If you have specific questions please feel free to call us at 877-472-1578
Follow the Rule of Law, But Aspire for the Rule of Justice Ateneo Law School ...Sam Rodriguez Galope
Follow the Rule of Law, But Aspire for the Rule of Justice
Ateneo Law School Commencement Speech
Ateneo de Manila University, July 14, 2019
Justice Antonio T. Carpio
.
"Is war really the only way of enforcing the arbitral Award? The answer is, of course, a resounding no. Waging war to enforce the arbitral Award is against the rule of law, both under domestic law and international law. Under the Constitution, the Philippines has renounced war as an instrument of national policy. Our Constitution prohibits the government from going to war to enforce the arbitral Award. Under the United Nations Charter, war has been outlawed as a means of settling disputes between states.
.
"Any war of aggression can even subject the leaders of the aggressor state to prosecution for a crime against humanity, even if the aggressor state is not a member of the Rome Statute, as when the act of aggression is referred to the International Criminal Court by the Security Council. In short, it is against the rule of law to go to war to enforce the arbitral Award.
.
"Is there a way to enforce the arbitral Award using the rule of law in the absence of an enforcement mechanism under UNCLOS? This, in essence, is the question that President Rodrigo Duterte publicly asked me last June 24, 2019. Let me quote the Philippine Star news report on that day: “Xi Jinping (said) there will be trouble. So answer me, Justice,” Duterte said, referring to Carpio, “give me the formula and I’ll do it.”
.
"In short, President Duterte asked me before the entire Filipino people - show me the formula to enforce the arbitral Award without going to war with China and I will do it.
.
"My response is yes, Mr. President, there is a formula – and not only one but many ways of enforcing the arbitral Award without going to war with China, using only the rule of law. Let me mention a few of these, and I hope the President will implement them as he had promised."
.
~Justice Antonio T. Carpio
http://www.consenttosearch.com/ is a blog by Darren Chaker which provides insight of criminal law. Likewise, this upload allows people to view about California gang laws.
Dynamics of Rural Development Programmes in Uttar Pradeshinventionjournals
The Uttar Pradesh is India’s most populous state, majority of population live in rural areas. This situation comprises of widespread unemployment, low standard of living, inadequate productive skill and malnutrition. Rural development always has been an important issue in all discussions pertaining to economic development, especially of developing countries. The rural development programme is a key device for progress of rural area in Uttar Pradesh. This paper makes an attempt to measure actual performance and Government’s initiatives to accelerate the process of rural development through rural development programme in Uttar Pradesh.
U.S. District Court Decision Against Chesapeake & Inflection on Force Majeure...Marcellus Drilling News
The decision handed down by U.S. District Court Judge David Hurd that found Chesapeake Energy and Inflection Energy could not extend land leases beyond the original term because of the drilling moratorium in New York State. Chespeake & Inflection claimed the moratorium prevented them from drilling, but the judge ruled they could have still drilled conventional, vertical wells.
Admiralty & Maritime Law Pittsburgh - Moschetta Law Firmmoschettalaw
Looking to learn more about Admiralty and Maritime Law? This presentation touches on the Jones Act, Defense Base Act and More. If you have specific questions please feel free to call us at 877-472-1578
Follow the Rule of Law, But Aspire for the Rule of Justice Ateneo Law School ...Sam Rodriguez Galope
Follow the Rule of Law, But Aspire for the Rule of Justice
Ateneo Law School Commencement Speech
Ateneo de Manila University, July 14, 2019
Justice Antonio T. Carpio
.
"Is war really the only way of enforcing the arbitral Award? The answer is, of course, a resounding no. Waging war to enforce the arbitral Award is against the rule of law, both under domestic law and international law. Under the Constitution, the Philippines has renounced war as an instrument of national policy. Our Constitution prohibits the government from going to war to enforce the arbitral Award. Under the United Nations Charter, war has been outlawed as a means of settling disputes between states.
.
"Any war of aggression can even subject the leaders of the aggressor state to prosecution for a crime against humanity, even if the aggressor state is not a member of the Rome Statute, as when the act of aggression is referred to the International Criminal Court by the Security Council. In short, it is against the rule of law to go to war to enforce the arbitral Award.
.
"Is there a way to enforce the arbitral Award using the rule of law in the absence of an enforcement mechanism under UNCLOS? This, in essence, is the question that President Rodrigo Duterte publicly asked me last June 24, 2019. Let me quote the Philippine Star news report on that day: “Xi Jinping (said) there will be trouble. So answer me, Justice,” Duterte said, referring to Carpio, “give me the formula and I’ll do it.”
.
"In short, President Duterte asked me before the entire Filipino people - show me the formula to enforce the arbitral Award without going to war with China and I will do it.
.
"My response is yes, Mr. President, there is a formula – and not only one but many ways of enforcing the arbitral Award without going to war with China, using only the rule of law. Let me mention a few of these, and I hope the President will implement them as he had promised."
.
~Justice Antonio T. Carpio
http://www.consenttosearch.com/ is a blog by Darren Chaker which provides insight of criminal law. Likewise, this upload allows people to view about California gang laws.
Dynamics of Rural Development Programmes in Uttar Pradeshinventionjournals
The Uttar Pradesh is India’s most populous state, majority of population live in rural areas. This situation comprises of widespread unemployment, low standard of living, inadequate productive skill and malnutrition. Rural development always has been an important issue in all discussions pertaining to economic development, especially of developing countries. The rural development programme is a key device for progress of rural area in Uttar Pradesh. This paper makes an attempt to measure actual performance and Government’s initiatives to accelerate the process of rural development through rural development programme in Uttar Pradesh.
Enhancement of Student Preparation for Global Serviceinventionjournals
University students are expected to acquire proficiency in skills used in the profession and to serve globally as they graduate. Efficacy of this has been supported in studies in which skill mastery was enhanced through provision of experiential assignments. Service learning is a teaching and learning strategy that integrates meaningful community service with instruction and reflection to enrich the learning experience. Problem-based learning provides active, hands-on learning that is centered on real-world problems or issues. A qualitative study was conducted by the researchers with five online courses in graduate counselor education and a total of 536 students over a 2.5 year period to assess student application of course concepts in a realworld environment with cultural diversity. Student projects focused on identification of needs and individual work to serve those needs, such as volunteering with a cultural group other than their own and development of websites to address collective population issues of need. This paper shares reflections and benefits found in student projects with these courses. Results of the study supported efficacy of Service Learning and ProblemBased Learning to enhance student mastery of course content and preparation for global service after degree completion.
Opportunities and Challenges Inherent In Technical and Vocational Schools; Co...inventionjournals
Present study is to evaluate quality and quantity of technical and vocational courses to study the present status and improve activities regarding centers' manager and employers' thoughts in Alborz province. Considering the fact that centers' manager at commence and employers at the end deal with probationers; their needs analysis and adaptation of training policies with their need is one of the important aspect of evaluation and their comments regarding students' knowledge level, acquired skill and capability in assigned tasks is important. This research has evaluated the quality and quantity of technical and vocational courses in Alborz province and girl students and graduated students success in these courses as an unofficial training system. Method of this research is qualitative and quantitative (mixed) and population for this study is technical and vocational training centers' manager and employers. Instrument of study includes a questionnaire that it is provided with Servqual model by researcher. In order to analyze the data, descriptive and inferential statistics, coding and SPSS software were used. Findings showed that the mean of physical services, validity, accountability, reassurance and empathy in girl technical and vocational training centers are in optimal level in centers' manager thought and whereas employers' thought different
The Effect of Compensation to Commitment, Motivation Andperformance of Vocati...inventionjournals
The purpose of this study is to analyze and test whether compensation has effect towards commitment, motivation, and performance of teachers at vocational school in Samarinda City of East Kalimantan Province. The population of this study is teachers of vocational school in that are government employees. The sample frame is limited to vocational school situated in Samarinda city of East Kalimantan Province. Based on the collected data, the number of vocational school is 20 vocational school with 520 government employee teacher and 84 respondents as samples. The statistic hypothesis testing is conducted using path analysis by first calculating the correlation coefficient of each variables suspected has direct correlation, continued with determining each path coefficient of calculated correlation coefficient. The result shows that compensation variables has positive and significant effect towards commitment, motivation, and performance of vocational schools’ teachers, either directly or indirectly.
The Gorkhas migration into Assam is not new. Before the arrival of the British into Assam, there had been Gorkha migration into Assam. With the arrival of the British and after the independence the migration of Gorkhas became more intensive. With the growth of numerical strength and spread of education there emerged educated elite among the Gorkhas. This elite group of Gorkhas realised that they must be organised in order to remove their backwardness on the basis of socio-cultural identity. As a result different socio-cultural organisations formed such as the Assam Provincial Gorkha League (1944), the Assam Gorkha Sammelon (1966), the Navadhwani Sangthan (1969), the Nepali Sahitya Parishad,Assam (1974), All Assam Nepali Students‟ Union (1976), the Nepali Janasangrham Parishad (1993), Nepali Suraksha Parishad (1993), etc. These different organisations of Gorkhas placed a plethora of demands before the government in order to safeguard.
To Investigate the Impact of Cultural Practice and Beliefs Affecting Schools ...inventionjournals
Cultural practice such as pastoralist has hindered education for children in both early childhood development education and primary school in Darwed ward which is their legitimate right like all learners in part of world. Education nurture the children to be meaningful people of the society and regardless of their physical, intellectual social, emotional, linguistics, spiritual, economic or any other conditions including learners from arid and semi-arid land in pastoral communities. Many interventions have been made to draw attention for education for all to achieve universal education millennium development goal. The child act 2002 emphasized that every child has a fundamental right to education must be given an opportunity to achieve and maintain an acceptable level of education. School going children from all levels in pastoral communities move together with their parents from one place to another following rainfall distribution patterns and security reasons. The pastoral way of life subjected to school children affects school enrolments in both levels. This pastoral ways of life promote cultural practice which has slow down education progress and they are gender bias
Since rural tourism is one of most competitive industries, so it seems necessary to find possibilities for competitive advantage. One of the ways to achieve competitive advantages is implementation new business models into business activity. Nowadays innovations in business models become more interesting for the managers rather than innovations in products or the technologies. Therefore, this study is conducted to provide managers, who are engaged rural tourism industry, a comprehensive framework illustrating guidelines and steps for innovating the business and helping them to benefit from a competitive advantage. Hence, it is tried, first of all, to propose a business model framework which is suitable with rural tourism industry. As the components of this model are value proposition, target Customer, customer interface, Partnership network, cost structure, and finally revenue model. After that, it is tried to be provided a comprehensive framework for rural tourism business model innovation. This model consists of two parts. The first part presents steps for entrepreneurs are going to run businesses in rural tourism industry. And the second part provides steps should be taken in rural tourism business model innovation for an existence organization and an incumbent business model.
A Study on Socio-Economic Status and Social Contact of the Elderly Muslims of...inventionjournals
The present researcher intends to carry out social gerontological studies among the Muslim elderly living in rural areas of a particular district Purba Medinipur of West Bengal in India. Objective of the present study is to get an idea about socio-economic characteristics and living arrangement of the elderly rural Muslims under study. For the purpose of the present study, 10 villages were selected randomly, from each selected village 10 male and 10 female Muslims of age 60 years & above were considered respectively. The data was collected by adopting pre-tested structured schedule. The study shows that majority of the elderly are belong to the young old age group (60-69 years), are illiterate, married, marginal worker, and majority have no agricultural land property. When considering their living arrangement it is revealed that most of the respondents are live in joint family system with average family size 4 to 6 members, mostly living with their sons and spouse, proximity is more with sons and during any illness, care has been received from their respective spouse
Policyholders Satisfaction of Life Insurance Products with Reference to Coimb...inventionjournals
The insurance sector opened up and new players entered the space before 15 years. At present the industry has 24 life insurance companies, 28 general insurance companies and 1 reinsurance company. Satisfaction is an important milestone in insurance products, especially at a time when the industry's reputation has been spoiled by mis-selling and improper disclosures of returns by agents. In that LIC holds majority market share in life insurance industry. The objective of the study is to understand the policyholder’s satisfaction and the various factors contributing to the satisfaction level. The primary data was collected by using the structured questionnaire and secondary data was collected by using journals, newspapers and the internet. The study area was limited to Coimbatore District. The reason to conduct the study in Coimbatore district is previously no researcher had done the satisfaction study in life insurance and IRDAI regulatory body had insisted all the insurance companied to disclose the lapsation of the policies. The population is not clear and it is infinite. Hence the sample size selected is 300 for the study.
The Affect Of Psychologıcal Contract To The Level Of Burnout Amongst The Admı...inventionjournals
The aim of this research is to measure the psychological contract of the administrative unit workers and to define the level of burnout of this contract. To know the psychological contract perception of the workers is really crucial to increase the quality and productivity. If one can know the aim of their existence at work and define the distribution of roles according to that aim, this will improve the conditions and will help to decrease the level of burnout. Face to face quastionneres are used for descriptive research. The area of this research is consists of the %95 of the administrative unit workers of a private hospital. 90 people joined the questionnaires but 80 of them were analyzed. In this work 2 scales were used; Cronbachalpha ratio of the perception of the psychological contract was 0,662; and is 0.852 for the level of burnout. At the end of the research, the level of the perception of the pyschological contract was approximately 3,05. The level of burnout of the participants was not high and the affect of the perception of the psychological contract to the level of burnout was found to be 0.394.
A importância da avaliação quantitativa de agentes químicos na prevenção da s...inventionjournals
Este texto trata da importância da avaliação quantitativa de agentes químicos na prevecenção da saúde do trabalhador da indústria, busca identificar a necessidade desta avaliação e os beneficios que ela pode trazer ao trabalhador. O estudo foi realizado através de levantamento bibliográfico, onde descreve a avaliação quantitativa de agentes químicos, forma como se apresentam no ambiente de trabalho, sua classificação, tipos de amostragem, procedimentos e equipamentos utilizados na avaliação. Foram abordados quatro casos de trabalhadores expostos a agentes químicos: frentistas expostos ao benzeno, trabalhadores de uma fábrica de telhas expostos ao amianto, a responsabilidade dos profissionais que cuidam da saúdo do trabalhador em uma fábrica de baterias onde o trabalhador estava exposto a chumbo, a luta e morte de um trabalhador da extinta ―SUCAM‖ exposto ao inseticida Dicloro-difenil-tricloroetano - DDT. Em todos esses casos a avaliação quantitativa dos agentes químicos seria fundamental na prevenção da saúde do trabalhador, pois permitiria identificar a intensidade ou concentração do agente químico presente no ambiente de trabalho, indicando se os valores encontrados estavam acima ou abaixo dos limites de tolerância apresentados pela Norma Reulamentadora NR-15 e/ou ACGIH, além de permitir a antecipação do risco e fornecer subsídios para a prevenção
Identify factors affecting customer`s satisfaction: the Case study of Post Ba...inventionjournals
The banking industry is one of the service industries that are very sensitive. So the quality of the service they offer has strong impact on customer`s satisfaction. Most banks and credit institutions are trying to gain more market share so they are trying to adopt better methods and procedures of the more diverse services to attract more customers to enhance their profitability, but most of them are ignored of the elements.That can make them Top among competitors and can be regarded as an advantage. Staffing and support, and customer`s satisfaction are the missing elements and are essential for achieving the goals and progress of the Bank.Variables that were examined in this study were as the following:1. Physical factors on customer`s satisfaction 2- service factors on customer`s satisfaction 3-behavioral characteristics of the staffs on customer`s satisfaction 4. the condition of goods and services on customer`s satisfaction. For this study population was considered as clients of Post Bank in Khodabande city. Their number in one branch per month as an average is the equivalent of 6,000 to 7,000 customers. 384 customers were selected as a sample randomly using Kokran formula.Which utilizes a sample of sampling were sent Based on the results obtained in this section can be stated that Customers` look at how the banking staffs behave them is more important for them than any other factors. That’s why more attention should be paid to the staff behaviours in order to increase the customer`s satisfaction.
Quality Assurance and Acreditation in Religious Higher Education:Indonesian C...inventionjournals
This study aims at examining whether the Higher Religious Education (Perguruan Tinggi Keagamaan/PTK) as an educational sub-system in Indonesia has implemented a quality assurance system. Practically, the quality control system in the Higher Religious Education illustrates that its units have udertaken synergic and systematic performance and have completed it according to the agreed standards. In addition, they have implemented and have continuously assessed the quality indicators, and have used the results of the assessment to the quality standards as basis for policy making. In the meantime, the Religious Higher Education management has undergone proper quality management which is implemented as it should be and has become a culture. According to the study of documents, accreditation data, and the Higher Education Database (PDDIKTI), the study shows that most Religious Higher Educations have applied a good quality assurance system and have made quality control as a culture. Similarly, they have realized that the accreditation is important for the reputation of their Higher Education itself and their study programs. They have even regarded accreditation as a way to give a guarantee on their services in the terms of educational systems to students and community. Overall, the increasing awareness of quality among Higher Educations and Religious Higher Educations in Indonesia has not only started achieving national standards for Higher Education, but has also begun adopting international standards as given opportunity by the state (Indonesia).
Leadership Effectiveness of Islamic Education Management Department at Educat...inventionjournals
The purpose of this study was to reveal: (1) The direct effect of confidence level toward work discipline, (2) The direct effect of the task structure toward work discipline, (3) The direct effect of the level of confidence toward effectiveness of the leadership, (4) The direct effect of the task structure toward effectiveness of leadership, (5) the direct effect of labor discipline toward effectiveness of the leadership of the Islamic Education Management Department at Faculty of Education of the State Islamic University of North Sumatra. This research method used correlated path models. The study population was faculty and students with the number of 148 people. Sampling using Krecji table, with this technique resulted in a sample 108 people. The instrument used to collect data was questionnaire Likert scale models. The analysis technique used is path analysis. The findings of this study indicate: (1) The confidence level affect the work Discipline of 16.9%, (2) Structural work tasks affect the Discipline of 18.7%, (3) The level of trust directly affects the effectiveness of the leadership of 19,4% , (4). The task structure directly affects the effectiveness of the leadership of 19.5% and (5) Work Discipline directly influence the effectiveness of the leadership of the Department of 22.1%.
BUSW 390Please complete the following table and submTawnaDelatorrejs
BUSW 390
Please complete the following table and submit.
Legal Term Definition
Relevant Case Issues
What Elements Apply
· Standing (Right) to Sue
Allows for a party to bring suit to a court. Within the federal court any legal action cannot be brought to the court on the grounds of an individual or group being dissatisfied. The federal court only possess the authority to resolve authentic disputes according to Article III of the Constitution.
Secondary Source: Legal Information Institute. (n.d.). Standing. Legal Information Institute. Retrieved from https://www.law.cornell.edu/wex/standing.
Primary Source: Lujan v. Defenders of Wildlife (90-1424), 504 U.S. 555 (1992)
Schlesinger v. Reservists Committee to Stop the War, (72-1188), 418 U.S. 208 (1974),
“Standing alone, would adversely affect only the generalized interest of all citizens in constitutional governance . . . We reaffirm Levitt in holding that standing to sue may not be predicated upon an interest of this kind…)
Member of the United States Armed Forces Reservist committee opposing their involvement in the Vietnam War pursed a class action against the United States Secretary of Defense. Respondents utilized the fact that they were United States citizen and taxpayers to pursue this class action however the respondents lacked standing to sue as taxpayers and citizens.
Legal Information Institute. (1992, June 12). Lujan v. defenders of wildlife, 504 U.S. 555 (1992). Legal Information Institute. Retrieved from https://www.law.cornell.edu/supct/html/90-1424.ZO.html.
1.The plaintiff must has experienced an injury that is considered of a legally protected interest being (a) concrete and particularized and (b) actual or imminent
2. There must be a causal connection between the injury and the conduct brought before the court
3.It must be likely, rather than speculative, that a favorable decision by the court will redress the injury
Secondary Source: Legal Information Institute. (n.d.). Standing. Legal Information Institute. Retrieved from https://www.law.cornell.edu/wex/standing.
Relation to Case: Schlesinger v. Reservists Committee to Stop the War, (72-1188), 418 U.S. 208 (1974),
Respondents must be able to proof that they will suffer an injury. This claim was found to lack standing due to the fact that the respondents could only tie in abstract injuries rather than concrete injuries.
Primary Source: Lujan v. Defenders of Wildlife (90-1424), 504 U.S. 555 (1992)
· Diversity of Citizenship
Is when all the parties on one side of a controversy contains a different citizenship then those of the other party. This is a requirement of diversity of jurisdiction because it promotes an unbiased court for the defendants.
Primary Source: Diversity of Citizenship Clause (U.S Const. Art. III § 2, cl. 1)
Secondary Source: Legal Information Institute. (2020, July). Diversity of citizenship. Legal Information Institute. Retrieved from https://www.law.cornell.edu/wex/diversity_of_citizenship. ...
Sheet1Sociability Indicator ExercisePlace a 1 in the box that best.docxmaoanderton
Sheet1Sociability Indicator ExercisePlace a 1 in the box that best represents the degree to which you feel best describes your personality:<A lot<So SoSo So>A lot>DisciplinedEasygoingControlledExpressiveSeriousLightheartedmethodicalUnstructuredCaclulatingSpontaneousGuardedOpenStalwartHumourousAloofFriendlyFormalCasualReservedAttention seekingCautiousCarefreeReticentUnconventionalRestrainedImpulsiveTotals0000Colour other than black is your "bent" (either a lot or so-so-so) on either side of the scale.Less to Not Social0COLOUR OTHER THAN BLACK WINS: The degree to which you are is indicated by the following colour classification: Black # = minimal, Blue# = Average, RED# = A lotAverage to high Sociable0
Sheet2
Sheet3
People v. Owusu
Annotate this Case
93 N.Y.2d 398 (1999)
712 N.E.2d 1228
690 N.Y.S.2d 863
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MAXWELL OWUSU, Appellant.
Court of Appeals of the State of New York.
Argued February 17, 1999.
Decided May 13, 1999.
*399 Edward D. Friedman, Brooklyn, for appellant.
Charles J. Hynes, District Attorney of Kings County, Brooklyn (Joyce Slevin and Roseann B. MacKechnie of counsel), for respondent.
Chief Judge KAYE and Judges SMITH, LEVINE and CIPARICK concur with Judge WESLEY; Judge BELLACOSA dissents and votes to affirm in a separate opinion; Judge ROSENBLATT taking no part.
OPINION OF THE COURT
WESLEY, J.
In this case we are called upon to decide whether an individual's teeth can constitute a "dangerous instrument" within the meaning of Penal Law § 10.00 (13). While the use of an object to produce injury is an appropriate analytical vehicle to determine whether an object is dangerous, the statute's ordinary meaning, its legislative history and our jurisprudence persuade us that an individual's body part does not constitute an instrument under the statute. We therefore reverse the order of the Appellate Division.
Defendant Maxwell Owusu is charged in a 13-count indictment with burglary in the first degree (Penal Law § 140.30 [3] [use or threatened use of a dangerous instrument during the burglary of a dwelling]); four counts of burglary in the second degree (Penal Law § 140.25 [1] [b] [causing physical injury during burglary]; § 140.25 [1] [c] [use or threatened use of a dangerous instrument during burglary]; § 140.25 [2] [burglary of a dwelling]); assault in the first degree (Penal Law § 120.10 *400 [1] [causing serious physical injury with a dangerous instrument]); two counts of assault in the second degree (Penal Law § 120.05 [1] [intentionally causing serious physical injury]; § 120.05 [2] [intentionally causing physical injury with a dangerous instrument]); and two counts of assault in the third degree (Penal Law § 120.00 [1] [intentionally causing physical injury]; § 120.00 [3] [injury with a dangerous instrument through criminal negligence]). Four counts of the indictment contain the aggravating factor that defendant used or threatened to use a dangerous instrument.
These cha.
Douglas E. Metzger was convicted in the municipal court of the cit.docxmadlynplamondon
Douglas E. Metzger was convicted in the municipal court of the city of Lincoln, Nebraska, of violating § 9 .52.100 of the Lincoln Municipal Code. The District Court, Lancaster County, affirmed the District Court judgment. Metzger appealed to the Nebraska Supreme Court. The Supreme Court reversed and dismissed the District Court's judgment. KRIVOSHA, CJ.
FACTS Metzger lived in a garden-level apartment located in Lincoln, Nebraska. A large window in the apartment faces a parking lot that is situated on the north side of the apartment building. At about 7:45 A.M. on April 30, 1981, another resident of the apartment, while parking his automobile in a space directly in front of Metzger's apartment window, observed Metzger standing naked with his arms at his sides in his apartment window for a period of five seconds. The resident testified that he saw Metzger's body from his thighs on up.
The resident called the police department, and two officers arrived at the apartment at about 8:00 A.M. The officers testified that they observed Metzger standing in front of the window eating a bowl of cereal. They testified that Metzger was standing within a foot of the window, and his nude body, from the mid-thigh on up, was visible. The pertinent portion of § 9.52.100 of the Lincoln Municipal Code, under which Metzger was charged, provides as follows: "It shall be unlawful for any person within the City of Lincoln ... to commit any indecent, immodest or filthy act in the presence of any person, or in such a situation that persons passing might ordinarily see the same."
OPINION
The ... issue presented to us by this appeal is whether the ordinance, as drafted, is so vague as to be unconstitutional. We believe that it is. Since the ordinance is criminal in nature, it is a fundamental requirement of due process of law that such criminal ordinance be reasonably clear and definite.
The ordinance in question makes it unlawful for anyone to commit any "indecent, immodest or filthy act." We know of no way in which the standards required of a criminal act can be met in those broad, general terms. There may be those few who believe persons of opposite sex holding hands in public are immodest, and certainly more who might believe that kissing in public is immodest. Such acts cannot constitute a crime. Certainly one could find many who would conclude that today's swimming attire found on many beaches or beside many pools is immodest. Yet, the fact that it is immodest does not thereby make it illegal, absent some requirement related to the health, safety, or welfare of the community.
The dividing line between what is lawful and what is unlawful in terms of "indecent," "immodest," or "filthy" is simply too broad to satisfy the constitutional requirements of due process. Both lawful and unlawful acts can be embraced within such broad definitions. That cannot be permitted. One is not able to determine in advance what is lawful and what is unlawful. We therefore believe t ...
Can my employer fire me for no reason?
an “at-will” employment state. This means that in most cases, your employer can fire you at any time for any reason, for a bad reason, or for no reason at all. So your employer can fire you for complaining about your boss’s lack of
Can my employer retaliate against me?
Generally, yes. Most retaliation is not illegal. You should contact Heins & Minko Employment Attorneys to find out if you case has merit.
Are there exceptions to employment at-will?
employment contract, it may contain language that says your employer can only fire you “for cause” (i.e., a good reason). Additionally, if your employer made an oral or written statement (including pre-employment statements) that tends to limit its ...
Am I eligible for unemployment if my employer fired me for a bad reason or no reason?
Yes. Even if your situation does not fall into one of the exceptions of employment at will listed here, you may still be eligible for unemployment benefits if your employer did not terminate you for misconduct.
What is illegal discrimination?
Discrimination is treating someone differently based on his/her membership in a “protected class.” Protected classes include race, color, creed, religion, national origin, gender, sexual orientation, marital status, physical or mental disability, receipt of public assistance, and age. ...
What is illegal harassment?
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1. International Journal of Humanities and Social Science Invention
ISSN (Online): 2319 – 7722, ISSN (Print): 2319 – 7714
www.ijhssi.org ||Volume 5 Issue 10||October. 2016 || PP.13-19
www.ijhssi.org 13 | Page
Defence of Residential Dwellings at Law
Dr Simon Raymond 1,2
1
Alumnus Melbourne University, Melbourne, Australia
2
Fullagar Chambers (Law), Brisbane, Australia
ABSTRACT: Over the centuries, the common law has seen increasing restrictions on the use of lethal force,
and the boundaries with respect to what is considered lawful self-defence have increasingly narrowed. At the
same time, over the centuries, the right of a householder to defend in his or her home has been a value (and
policy consideration) that has remained important to society, dating back to the seminal „Semayne‟s case‟ of
1603 in which the English courts recognised that: “the house of everyone is to him as his castle and fortress, as
well for his defence against injury or violence as for his repose”. The purpose of the current report is to assess
the current position with respect to the defence of residential dwellings at law with a particular focus on
Australia, positioned within the global context.
Keywords:Crime and Courts Act (UK); Criminal Code (Qld); Dwellings; Legal Defence; Residential; Section
267 Criminal Code (Qld); Self-Defence.
How to cite this paper: Raymond, S. (2016). Defence of Residential Dwellings at Law. https://-
I. INTRODUCTION
The purpose of this report is to consider section 267 of the Criminal Code (Qld) “defence of dwelling”.
Specifically, to “discuss the background, rationale, elements (and their application and interpretation) and the
advantages and disadvantages of this provision” and to consider this within the broader global context.
II. BACKGROUND &RATIONALE
Over the centuries, the common law has seen increasing restrictions on the use of lethal force and the
boundaries with respect to what is considered lawful self-defence have increasingly narrowed.1
At the same time, over the centuries, the right of a householder to defend in his/her home has been a
value (and policy consideration) that has remained important to society.2
In Semayne‟s case of 1603 the court
recognised that: “the house of everyone is to him as his castle and fortress, as well for his defence against injury
or violence as for his repose”.3
Such values and policy remain strong today and, as will become evident below,
form the basis of Queensland‟s “defence of dwelling” under s 267 Criminal Code (Qld) and also the basis of
similar provisions in other states.4
Essentially, s 267 is designed to allow householders to use force against intruders.5
Section 267 was
amended (substituted) by s 36Criminal Law Amendment Act 1997 (Qld).6
Prior to this amendment, the defence
was limited to prevention of “forcible breaking and entering of the dwelling house”.7
The s 36 amendment
extended the defence to the unlawful entry of the dwelling by persons who are believed to have an intent to
commit an indictable offence (and removal of such persons already in the dwelling).8
The amendment came on
a background of increasing public pressure throughout Australia to increase the right to defend at residential
premises.9
It is evident that this extended defence is based on policy considerations in respect of this.10
Specific
note is made in R v Cuskelly per Keane JA that s 267 “gives effect to a policy of the law which recognises the
1
Law Reform Committee of the Northern Territory, Self Defence and Provocation, Report (2000) 5.
2
Ibid 7.
3
Semayne's case [1603] 5 Co Rep 91(a); 77ER194; Ibid.
4
R v Cuskelly [2009] QCA 375 (8 December 2009) [30]; Home Invasion (Occupants Protection) Act 1998
(NSW) s 5; Law Reform Committee of the Northern Territory, above n 1, 7.
5
Andreas Schloenhardt, Queensland Criminal Law (Oxford University Press, 4th
ed, 2015) 486.
6
Criminal Law Amendment Act 1997 (Qld) s 36; see also, Michael Shanahan et al, Carter‟s Criminal Law of
Queensland (LexisNexis, 20th
ed, 2015) 364.
7
Shanahan et al, above n 6.
8
Criminal Code (Qld) s 267; Criminal Law Amendment Act 1997 (Qld) s 36; see also, Shanahan et al, above n 6;
Schloenhardt, above n 5.
9
Schloenhardt, above n 5, 487; Paul Fairall and Stanley Yeo, Criminal Defences in Australia (LexisNexis, 4th
ed,
2005).
10
R v Cuskelly [2009] QCA 375 (8 December 2009) [30]; see also, Shanahan et al, above n 6, 365.
2. Defence of Residential Dwellings at Law
www.ijhssi.org 14 | Page
legitimate use of force to defend hearth and home and to prevent the commission of offences by others in one's
home”.11
Other states have similarly extended defence provisions based on such policy and public pressure.12
For instance, s 5 Home Invasion (Occupants Protection) Act 1998 (NSW) declares that “it is the public policy of
the State of New South Wales that its citizens have a right to enjoy absolute safety from attack within dwelling-
houses from intruders”.13
III. THE ELEMENTS AND THEIR INTERPRETATION &APPLICATION
Presented below is s 267,Criminal Code (Qld):14
It is lawful for a person who is in peaceable possession of a dwelling, and any person lawfully assisting
him or her or acting by his or her authority, to use force to prevent or repel another person from unlawfully
entering or remaining in the dwelling, if the person using the force believes on reasonable grounds—
(a) the other person is attempting to enter or to remain the dwelling with the intent to commit an indictable
offence in the dwelling; and
(b) it is necessary to use that force.
1. Peaceable possession of a dwelling
The defence is available to a person who is in peaceable possession of a dwelling and any person
lawfully assisting him or her or acting by his or her authority. The definition of dwelling is provided in s 1.15
In
the main, the term dwelling refers to residential buildings and structures and adjacent buildings/structures
connected to such residential buildings and structures.16
In R v Bartram, the force by the accused occurred in an area just outside a semi-external laundry.17
This
area was held to be within the term “dwelling”.18
In R v Cuskelly, it was considered acceptable that the force
occurred on the front steps outside a residential unit.19
The term dwelling appears to cover other residential structures such as caravans.20
It was also held, in R
v Halloran and Reynolds [1967] QWN 34, that a motel unit occupied for a week fell within the term “dwelling
house” for the purposes of the defence (pre 1997 amendment).21
There does not appear to be any suggestion
that the 1997 amendment of the term to “dwelling” would change this. If anything, the amendment is intended
to have a broadening effect.22
2. Subjective Elements†
(i) The person using the force believes on reasonable grounds that the other person is attempting to enter or to
remain in the dwelling with the intent to commit an indictable offence in the dwelling.
Section 3 provides the definition of indictable offence.23
In R v Cuskelly, the deceased had approached
the accused‟s unit threatening violence. Takingcontext into account, the Queensland Court of Appeal (QCA)
accepted thisas capable of resulting in the accused forming a subjective belief on reasonable grounds that the
deceased was attempting to enter or to remain in the dwelling with the intent to commit an indictable
offence.24
In R v Bartram, factors including the following were considered by QCAas capable of supporting that
the accused formed a subjective belief on reasonable grounds that the complainant was intending to commit an
indictable offence: the complainant had been subject to a domestic violence order in favour of the accused and
11
R v Cuskelly [2009] QCA 375 (8 December 2009) [30].
12
Schloenhardt, above n 5, 487.
13
Home Invasion (Occupants Protection) Act 1998 (NSW) s 5; see also, Ibid.
14
Criminal Code (Qld) s 267.
15
Ibid s 1.
16
Ibid.
17
R v Bartram [2013] QCA 361 (6 December 2013) [4]-[5], [19]; see also, Thomas Crofts, Criminal Law in
Queensland and Western Australia (LexisNexis, 2nd
ed, 2014) 181.
18
R v Bartram [2013] QCA 361 (6 December 2013) [4]-[5], [19], [24]; see also, Crofts, above n 17.
19
R v Cuskelly [2009] QCA 375 (8 December 2009) [4]-[9].
20
R v Rose[1965] QWN 35; see also,Queensland, Home Invasions and the Criminal Law Amendment Bill 1996,
Legislation Bulletin No 2 (1997) 4.
21
R v Halloran and Reynolds [1967] QWN 34; see also,Queensland Legislation Bulletin, above n 20.
22
Explanatory Notes, Criminal Law Amendment Bill 1996 (Qld) 10; Queensland Legislation Bulletin, above n
20, 1-16.
23
Criminal Code (Qld) s 3.
24
R v Cuskelly [2009] QCA 375 (8 December 2009) [4]-[9], [24],[27]-[32], [42]-[45].
3. Defence of Residential Dwellings at Law
www.ijhssi.org 15 | Page
had been convicted of breaches; there was a history of aggression and some evidence the accused was possibly
armed and threatening violence when the incident occurred.25
(ii) The person using the force believes on reasonable grounds that it is necessary to use that force.
Section267 does not require that the force is objectively necessary, the requirement being only that the
accused has reasonable grounds for their subjective belief that it was necessary.26
In R v Cuskelly,the deceased
had approached the unit of the accused threatening violence to the accused and (according to the accused) made
attempts to punch the accused.QCA considered this as capable of resulting in the accused forming a subjective
belief on reasonable grounds that it was necessary to use force to the extent of stabbing the accused in the
chest.27
†
Whilst the above elements (i) and (ii) are largely subjective,28
it should be noted that there is an
objective component to each of (i) and (ii). That is, that there are reasonablegroundsfor the subjective belief of
the accused.29
Section 267 has been considered in a number of cases,30
and appears to be more extensive than self-
defence under ss 271-272.31
Unlike self-defence provisions under ss 271-272, s 267 does not require the force
used be no more than is reasonably necessary and, if lethal force is carried out, it is not a requirement that the
accused reasonably apprehended death or grievous bodily harm in respect of the deceased‟s conduct.32
Further,
the defence is not void if the accused possessed an intention to kill or do grievous bodily harm.33
Unlike other
cases of self-defence, this defence does not require the householder to retreat.34
Further supporting that s 267 is not constrained by the limitations of ss 271-272, Keane JA observed in R v
Cuskelly:35
Where it arises on the evidence, s 267 affords a separate, and more extensive, ground of defence. It is
apparent that s 267 is informed by policy considerations different from the affirmation of the legitimacy of
proportionate force in self-protection embodied in ss 271-272. Section 267 gives effect to a policy of the law
which recognises the legitimate use of force to defend hearth and home and to prevent the commission of
offences by others in one's home. This policy would not be well-served if s 267 were to be subsumed by ss 271-
272.
Dissenting Views in respect of Interpretation and Application
Andreas Schloenhardt (University of Queensland) takes the position that it is unclear whether s 267
allows for the use of lethal force in situations where the accused does not hold a reasonable apprehension of
death or grievous bodily harm.36
Schloenhardtproposes that perhaps s 267 is limited by ss 271(2) and
272.37
Schloenhart supports this based on the following:38
In R v McKay, the court held at common law that lethal force is not justified by the accused based on a
belief by the accused that the deceased was stealing.39
The High Court held, in Zecevic v DPP (Vic), that the
25
R v Bartram [2013] QCA 361 (6 Decebmer 2013) [13], [24].
26
R v Cuskelly [2009] QCA 375 (8 December 2009) [27]-[32], [42]-[45];James v Sievwright [2003] WASCA
251 (17 October 2003) [11], [22]; Crofts, above n 17, 180.
27
R v Cuskelly [2009] QCA 375 (8 December 2009) [4]-[9], [27]-[32], [42]-[45].
28
Schloenhardt, above n 5.
29
R v Cuskelly [2009] QCA 375 (8 December 2009);James v Sievwright [2003] WASCA 251 (17 October 2003)
[22].
30
R v Bartram [2013] QCA 361 (6 Decebmer 2013); R v Byrne [2006] QCA 241 (23 June 2006); R v Cuskelly
[2009] QCA 375 (8 December 2009); R v McMartin [2013] QCA 339 (12 November 2013); R v Spajic[2011]
QCA 232 (13 September 2011).
31
R v Cuskelly [2009] QCA 375 (8 December 2009) [27], [29]-[30]; Shanahan et al, above n 6, 364-365.
32
R v Cuskelly [2009] QCA 375 (8 December 2009) [27], [29]-[30]; Crofts, above n 17, 180.
33
R v McMartin [2013] QCA 339 (12 November 2013)[26]; Crofts, above n 17, 180.
34
R v Hussey (1925) 18 Cr App R 160, 160-2; see also, Shanahan et al, above n 6.
35
R v Cuskelly [2009] QCA 375 (8 December 2009) [30].
36
Schloenhardt, above n 5, 486-7.
37
Ibid.
38
Ibid.
39
R v McKay [1957] VR 560.
4. Defence of Residential Dwellings at Law
www.ijhssi.org 16 | Page
accused is only justified in using lethal force if he or she were faced by an attack which caused a reasonable
apprehension of death or serious harm.40
Under federal criminal law, the same limitation is imposed.41
Stanely
Yeo notes an opinion that s 267 is limited by ss 271(2) and 272.42
This is supported by other legal scholars.43
Analysis of the explanatory notes, second reading speech and Hansard for Criminal Law Amendment
Bill 1996 (Qld) does notclarify this issue for s 267.44
The explanatory notes do make it clear the purpose of the s
36 amendment was to “broaden” s 267, however there is no clear detail with regards to whether s 267 is subject
to thelimitations of ss 271(2) and 272. To further assist interpretation in this respect, it may be helpful to
consider similar legislation in other jurisdictions.
In UK, extended defence provisions for home owners against intruders (termed “householder cases”)
have been effected byCrime and Courts Act 2013 (UK).45
The result being that, in contrast to self-defence which
is conditioned on the use of force which is not “disproportionate”, the availability of the defence for
“householder cases” is instead conditioned on the use of force which is not “grossly disproportionate”.46
In
New South Wales (Australia), the Home Invasion (Occupants Protection) Act 1998 (NSW) does not appear to
delineate any clear restrictions on use of lethal force in defending residential premises.47
Section 244 Criminal
Code (WA) provides extended rights to householders to defend against home invasions. Case law suggests
there is no requirement by s 244 Criminal Code (WA) that the force used be objectively necessary, the
requirement being only that the accused has reasonable grounds for their subjective belief that it is necessary.48
Force that is intended or likely to cause death is only authorised in situations where the occupier has reasonable
grounds to believe that violence is being used, is likely to be used or is threatened in relation to a person by a
home invader.49
However, the legal scholars cited by Schloenhardt again, in a similar manner as for s 267
Criminal Code (Qld), disagree that s 244 Criminal Code (WA) (or any of the similar provisions in other
jurisdictions mentioned above) authorises the use of lethal force outside the restrictions imposed by the general
provisions of self-defence.50
Other legal scholars including Eric Colvin and John McKechnie disagree with the
interpretations madeby these scholars.51
There is case law in Queensland indicating that use of lethal force under s 267 is not restricted by the
limitations of ss 271(2) and 272.52
Yet respected legal scholars dissent in respect of this.53
There is still conjecture
surrounding this legal issue. In-depth consideration by HCA may be helpful.
IV. ADVANTAGESAND DISADVANTAGESOF S 267
As indicated above, it seems interpretation of s 267 is still in conjecture. For this reason, the approach taken in
regards to detailing advantages and disadvantages of s 267 will be as follows:
The advantages and disadvantages of s 267 will first be detailed based on the broad interpretation, which
includes the authorisation of lethal force without it being restricted by the limitations of ss 271(2) and 272.
40
Zecevic v DPP (Vic) (1987) 162 CLR 645, 645.
41
Criminal Code (Cth) s 10.4.
42
Stanley Yeo, „Killing in Defence of Property‟ (2010) 36(2) Commonwealth Law Bulletin 281, 284.
43
Ian Dobinson and Edward Elliott, „A Householder‟s Right to Kill or Injure an Intruder under the Crimes and
Courts Act 2013: An Australian Comparison‟ (2014) 78 Journal of Criminal Law 80, 95.
44
Explanatory Notes, Criminal Law Amendment Bill 1996 (Qld) 10; Queensland, Parliamentary Debates,
Legislative Assembly, 4 December 1996, 4872 (DenverBeanland).
45
Crime and Courts Act 2013 (UK) c 22, s 43; Tasmania Law Reform Institute, Review of the Law Relating to
Self-Defence: Issue Paper No. 20, Report (2014) 35-6.
46
Crime and Courts Act 2013 (UK) c 22, s 43; Tasmania Law Reform Institute, Review of the Law Relating to
Self-Defence: Issue Paper No. 20, Report (2014) 35-6.
47
Home Invasion (Occupants Protection) Act 1998 (NSW); Gareth Griffith, „Home Invasion and Self-Defence:
An Update‟ (Briefing Paper No 17, Parliamentary Library, NSW Parliament, 1998); Schloenhardt, above n 5,
487
48
James v Sievwright [2003] WASCA 251 (17 October 2003) [11], [22]; see also, Crofts, above n 17, 180.
49
Criminal Code (WA) s 244(1A); see also, Crofts, above n 17, 186.
50
Yeo, above n 42.
51
E Colvin and J McKechnie, Criminal Law in Queensland & Western Australia: Cases & Commentary
(LexisNexis, 5th
ed, 2008) 302.
52
R v Cuskelly [2009] QCA 375 (8 December 2009) [27], [30]; R v McMartin [2013] QCA 339 (12 November
2013) [26].
53
Schloenhardt, above n 5, 487; Yeo, above n 42; Dobinson and Elliott, above n 43.
5. Defence of Residential Dwellings at Law
www.ijhssi.org 17 | Page
We will then consider how the advantages and disadvantages would change if the narrower interpretation of
s 267 (which is restricted by the limitations of ss 271(2) and 272) proves to be the accepted interpretation in
the future.
Advantages:
People are more vulnerable in their homes, as invasions by intruders threaten the householder‟s privacy,
dignity, autonomy and honor.54
Crimes which make similar threats, such as rape and kidnapping, allow for
use of deadly force.55
Therefore, s 267 provides appropriate protection.
A householder cannot be expected to think completely objectively and respond in proportion when faced by
a home invasion when any underestimation of the threat could result in grave consequences (for instance,
the death or serious harm of family members).56
Appropriately, s267 does not require the force used be
objectively necessary and proportionate.57
A householder startled by an intruder in the night is not well-positioned to make a speedy, accurate
evaluation regarding the intentions of (and level of threat posed by) the intruder.58
Section 267 allows
flexibility in the level of force used.59
Section 267 sends a message to society that home invasions will not be tolerated.60
Section 267 acts as a deterrence to potential home intruders.61
Section 267 helps provide people a greater sense of security at home.
Section 267 supports community values and legal policy which revolve around a person‟s right to defend in
his or her home.62
Disadvantages:
Section 267 may encourageinappropriately violent self-help.63
Section 267 may unduly compromise the value of human life in order to protect property.64
Section 267 may result in unnecessary deaths.65
Section 267 may compromise a fundamental right, namely the right to life.66
Section 267 may facilitate the abuse of physical force by violent householders.67
If the narrower interpretation of s 267 (which is restricted by the limitations of ss 271(2) and 272) is
adopted, then the likely impact on the advantages and disadvantages:
The nature/character of the advantages and disadvantages would remain similar but at a lower level of
intensity. For instance, the householder would still have some degree of extended ability to defend with the use
of force and not be as constrained by objective necessity and proportionality in the level used but this would not
be to the point that lethal force could be used without adherence to the restrictions of ss 271(2) and 272. So
advantages such as allowing the householder to defend in a vulnerable setting with flexibility in terms of the
level of force used, deterring potential home intruders, increasing the sense of security in homes, and so on,
would still be present but at a lower level of intensity due to the greater caution that must be exercised given the
restrictions of ss 271(2) and 272. Similarly, disadvantages such as encouraging inappropriately violent self-help
and facilitating the abuse of physical force may still be present but at a lower level of intensity (for instance, the
frequency of unnecessary deaths would likely be less).
54
Tasmania Law Reform Institute, above n 46, 34; Stuart P Green, „Castles and Carjackers: Proportionality and
the Use of Deadly Force in Defense of Dwellings and Vehicles‟ (1999) University of Illinois Law Review 1, 1.
55
Tasmania Law Reform Institute, above n 46, 34; Green, above n 54.
56
Tasmania Law Reform Institute, above n 46,34.
57
R v Cuskelly [2009] QCA 375 (8 December 2009) [27], [29]-[30]; Crofts, above n 17, 180.
58
Tasmania Law Reform Institute, above n 46, 34.
59
R v Cuskelly [2009] QCA 375 (8 December 2009) [27], [29]-[30]; Shanahan et al, above n 6, 364-5.
60
Green, above n 54.
61
Ibid.
62
R v Cuskelly [2009] QCA 375 (8 December 2009) [30]; Home Invasion (Occupants Protection) Act 1998
(NSW) s 5; Law Reform Committee of the Northern Territory, above n 1.
63
Tasmania Law Reform Institute, above n 46, 5.
64
Yeo, above n 42, 281-2; Kenneth Lambeth, „Dismantling the Purported Right to Kill in Defence of Property‟
(2001) 5 Southern Cross University Law Review 82, 82.
65
Tasmania Law Reform Institute, above n 46, 5.
66
Ibid; Schloenhardt, above n 5, 22; Lambeth, above n 64.
67
Tasmania Law Reform Institute, above n 46, 5.
6. Defence of Residential Dwellings at Law
www.ijhssi.org 18 | Page
V. RELEVANCE OF REPORT
In recent years there has been a multitude of fatal conflicts that have occurred in and around residential
dwellings across the globe including Australia, USA and UK.68
VI. CONCLUSION
In the main, the advantages and disadvantages of s 267involve competing tensions between:
1. Giving effect to values and policy considerations revolving around a householder‟s right to defend in his or
her home
And, alternative the coin,
2. Encouraging violence and unduly compromising the value of human life
The exact interpretation of s 267 is not entirely clear and would benefit from further legislative and judicial
consideration. The position appears similar, internationally, at law.
BIBLIOGRAPHY
A Textbooks/Articles
1. Colvin, Eric, and John McKechnie, Criminal Law in Queensland & Western Australia: Cases & Commentary (LexisNexis, 5th
ed,
2008)
2. Crofts, Thomas, Criminal Law in Queensland and Western Australia (LexisNexis, 2nd
ed, 2014)
3. Dahlberg, Linda, „Guns in the Home and Risk of a Violent Death in the Home: Findings from a National Study‟ (2004)
160American Journal of Epidemiology929, 929-37
4. Dobinson, Ian, and Edward Elliott, „A Householder‟s Right to Kill or Injure an Intruder under the Crimes and Courts Act 2013:
An Australian Comparison‟ (2014) 78 Journal of Criminal Law 80
5. Explanatory Notes, Criminal Law Amendment Bill 1996 (Qld)
6. Fairall, Paul, and Stanley Yeo, Criminal Defences in Australia (LexisNexis, 4th
ed, 2005)
7. Green, Stuart P, „Castles and Carjackers: Proportionality and the Use of Deadly Force in Defense of Dwellings and Vehicles‟
(1999) University of Illinois Law Review 1
8. Griffith, Gareth, „Home Invasion and Self-Defence: An Update‟ (Briefing Paper No 17, Parliamentary Library, NSW Parliament,
1998)
9. Harvard Injury Control Research Center (HICRC) „Gun Threats and Self-Defense Gun Use‟ (2016) School of Population Health:
Harvard Injury Control Research Centre. https://www.hsph.harvard.edu/hicrc/firearms-research/gun-threats-and-self-defense-
gun-use-2/
10. Kellermann, AL, „Injuries and deaths due to firearms in the home‟ (1998) 45 J Trauma 263, 263-7
11. Lambeth, Kenneth, „Dismantling the Purported Right to Kill in Defence of Property‟ (2001) 5 Southern Cross University Law
Review 82, 82
12. Law Reform Committee of the Northern Territory, Self Defence and Provocation, Report (2000)
13. Queensland, Home Invasions and the Criminal Law Amendment Bill 1996, Legislation Bulletin No 2 (1997)
14. Queensland, Parliamentary Debates, Legislative Assembly, 4 December 1996, (Denver Beanland)
15. Schloenhardt, Andreas, Queensland Criminal Law (Oxford University Press, 4th
ed, 2015)
16. Shanahan, Michael, et al, Carter‟s Criminal Law of Queensland (LexisNexis, 20th
ed, 2015)
17. Tasmania Law Reform Institute, Review of the Law Relating to Self-Defence: Issue Paper No. 20, Report (2014)
18. Yeo, Stanley, „Killing in Defence of Property‟ (2010) 36Commonwealth Law Bulletin 281, 281-84
B Cases
1. James v Sievwright [2003] WASCA 251 (17 October 2003)
2. R v Bartram [2013] QCA 361 (6 Decebmer 2013)
3. R v Byrne [2006] QCA 241 (23 June 2006)
4. R v Cuskelly [2009] QCA 375 (8 December 2009)
5. R v Halloran and Reynolds [1967] QWN 34
6. R v Hussey (1925) 18 Cr App R 160
7. R v McKay [1957] VR 560
8. R v McMartin [2013] QCA 339 (12 November 2013)
68
R v Cuskelly [2009] QCA 375 (8 December 2009) ; ALKellermann, „Injuries and deaths due to firearms in the
home‟ (1998) 45 J Trauma 263, 263-7;Harvard Injury Control Research Center (HICRC) „Gun Threats and
Self-Defense Gun Use‟ (2016) School of Population Health: Harvard Injury Control Research
Centre, https://www.hsph.harvard.edu/hicrc/firearms-research/gun-threats-and-self-defense-gun-use-2/; Linda
Dahlberg, „Guns in the Home and Risk of a Violent Death in the Home: Findings from a National Study‟
(2004) 160 American Journal of Epidemiology 929, 929-37;Tasmania Law Reform Institute, above n 46; Yeo,
above n 42.
7. Defence of Residential Dwellings at Law
www.ijhssi.org 19 | Page
9. R v Rose [1965] QWN 35
10. R v Spajic[2011] QCA 232 (13 September 2011)
11. Semayne's case [1603] 5 Co. Rep 91(a): 77ER194
12. Zecevic v DPP (Vic) (1987) 162 CLR 645
C Legislation
1. Crime and Courts Act 2013 (UK)
2. Criminal Code (Cth)
3. Criminal Code (Qld)
4. Criminal Code (WA)
5. Criminal Law Amendment Act 1997 (Qld)
6. Home Invasion (Occupants Protection) Act 1998 (NSW)