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This kind of Legislation worries me... (aussie.zone)

submitted 6 months ago* (last edited 6 months ago) by unionagainstdhmo@aussie.zone to c/brisbane@aussie.zone

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Came across this petition to the QLD State Parliament:

https://www.parliament.qld.gov.au/Work-of-the-Assembly/Petitions/Petition-Details?id=4077&fbclid=IwZXh0bgNhZW0CMTAAAR18l5EClb5gvNnegW7VLg8lXNFazrIwh17AHFjqswsI5l6sPQKXxNT-uJA_aem_AbEOs0teE0XoaUN0hQqrTgcjeLZr0s0S2QXBM9NWNosEIw4w3oNeFl93YieF0ZqypJc7HVbX-stIA-z5PZrZPsSj

Basically, what they want is the right to use whatever force they want upon home invaders without consequence. This feels like a real step backwards in terms of civility and I'm not really aware of any cases (there aren't any mentioned in the petition at least) where someone has been prosecuted for using "disproportionate" force on an invader.

I'm not saying I'm complicit with crime and it's important that we all get to feel safe in our own homes, I think that's a fundamental right. But I don't like the idea of everyone being the law. It shouldn't be legal for someone to shoot at me or attack me if I enter their property by mistake or want to meet my neighbours.

The MP putting this forward is a member of Katter's Australian Party, but it just seems like a good distraction to get dumb voters to vote LNP because the news disproportionately covers crime in Queensland while statistics show that the crime rate is decreasing and research and "common sense" shows that addressing the root problems is a more effective strategy. Something which the LNP will absolutely fail to do as they completely fail to recognise the problem.

~~But worst of all probably is that they try to relate this to cinematic masterpiece "The Castle" when it really has nothing to do with the film at all and more to do with mediaeval practices.~~

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[–] Zagorath@aussie.zone 10 points 6 months ago (1 children)

while statistics show that the crime rate is decreasing

Actually, there has been an uptick in violent crime since the low point in 2021. It's doubled since 2020. However, despite the media and the LNP trying to portray this as a youth crime wave, youth crime is still near the lowest it's ever been.

But worst of all probably is that they try to relate this to cinematic masterpiece “The Castle”

I didn't get that at all. "Castle doctrine" is a very well-established concept in law, going back as far as 17th century England. Most people probably know about it because of Americans online talking about it. It's a very common feature of their legal systems, alongside the even-more-absurd "stand your ground" laws (which apply the same principles anywhere, not just your home). The quote they used could be explained as coming from the movie, but could just as easily be from the source the movie itself was quoting: a common phrase that has been in use, again, since the 17th century in England (where it was "an Englishman's home is his castle").

Those caveats aside, I still agree with you. There's absolutely no need for these laws. If people are afraid for their safety, we already have self-defence laws. The use of lethal force against an intruder who might have just been aiming to steal some trinkets—or worse, the use of Castle Doctrine as a bludgeon against, say, door-knockers or nosey kids jumping the fence to grab a stray ball. Things like this usually don't win in court, but if the homeowner has killed someone thinking they'd be legally fine because of Castle Doctrine, it's kinda too late at that point...and it has happened (in fact, there were 4 events involving children being shot at in a single week in April 2023 in America for reasons related to the child being on the shooter's property due to a mistake). We absolutely do not need to be going down this route.

[–] unionagainstdhmo@aussie.zone 2 points 6 months ago (1 children)

Thanks for that I was going off the top of my head and must have conflated youth crime with crime. The Castle thing makes more sense than being being a film reference, still a very stupid concept. Does it mean we can have pools of boiling oil above our driveways, cannons along the fence, a moat a catapult? It's just dumb and a distraction from the real issues

[–] Zagorath@aussie.zone 2 points 6 months ago (1 children)

I mean, as long as you've fenced it off properly, I don't see why you couldn't have a moat.

[–] unionagainstdhmo@aussie.zone 2 points 6 months ago

Probably don't even need a DRSABCD sign if it's just a dam

[–] Gorgritch_umie_killa@aussie.zone 3 points 6 months ago (1 children)

I don't think the Katters would be doing this to help the LNP. From what i've seen they're a fairly independent bunch.

It also reads like another classic Katter brain fart, weird australiana references, only a tangent with reality, delivered to us in short, excited, calls to action. Its a shame there isn't a video of one them announcing the petition, might've been a fun watch.

[–] unionagainstdhmo@aussie.zone 2 points 6 months ago

I usually have some respect for the Katters because they seem to do a really good job for their electorates, but this is a bit dumb. It just seems to be following the LNP narrative about crime in this state

[–] zero_gravitas@aussie.zone 2 points 6 months ago

It's only a petition, no need to worry until the government puts forward a bill.