A Householder's Right to Kill or Injure an Intruder under the Crime and Courts Act 2013: An Australian Comparison

Dobinson, Ian; Elliott, Edward

doi:10.1350/jcla.2014.78.1.894

Cited by 2 publications

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“…49 Under s. 76 of the 2008 Act, as amended, disproportionate force in a householder case will now be reasonable in the circumstances as the householder believes them to be and will only be unreasonable if grossly disproportionate. 52 There is, then, obviously no surprise that practitioners were in the same boat as their academic counterparts. This is demonstrated by the stark contrast in opinions expressed by the editors of Archbold and Blackstone's, as Sir Brian Leveson noted in his judgment.…”

Section: Factsmentioning

confidence: 99%

Defenceless Castles

Thomas

2016

The Journal of Criminal Law

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Abstract:On 16 January 2016, the Divisional Court gave judgment in the case of Collins. In the judgment, Sir Brian Leveson P provided an authoritative statement as to the meaning of 'grossly disproportionate' within the law of self-defence for householders. First introduced in 2013, clarity on the meaning of the phrase has been long awaited by both the academic and the practitioner. The Court's interpretation of the phrase has disturbed the understanding of many and will cause many editions of upcoming Criminal Law textbooks to be re-written on this point. This paper will examine whether the Divisional Court was correct in its interpretation by attempting to find the true intention of Parliament in drafting the legislation. The paper shall also examine how the householder defences operates in modern practice and its suitability to the law of self-defence.

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Section: Factsmentioning

confidence: 99%

Defenceless Castles

Thomas

2016

The Journal of Criminal Law

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“…Second, this period of time includes when the well‐documented Petit family home invasion and murders captured the nation's attention (McDowell‐Smith ) and perhaps affected newspaper editors’ choices to publish related news stories. Third, media campaigns may have played an intermediary role in the development of home invasion legislation in other countries like New Zealand and Australia by constructing widespread fear about these crimes (Dobinson and Elliot ; Matthews ). All of these factors are indicative of a potential moral panic.…”

Section: Introductionmentioning

confidence: 99%

US Newspapers’ Portrayals of Home Invasion Crime

Byron

Molidor

Cantu

2018

Howard J Crime Justice

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This article presents the first known analysis of US newspaper portrayals of ‘home invasion’ crime by quantitatively investigating over 1,000 cases of home invasion drawn from 15 geographically spread city newspapers. In line with the concept of moral panic, descriptive statistics suggest a recent marked increase in the usage of the term ‘home invasion’ among newspapers. Additionally, regression analyses predicting levels of coverage suggest that a market‐driven model of news production, invoking a fearful worst‐case scenario, prevails. Victim or suspect fatalities, the number of victims or suspects, and the type of weapon reported, all generally predict the word count of initial articles and the likelihood of a follow‐up article. Analyses also partially support the hierarchy of victimisation hypothesis. We conclude by cautioning that citizens and legislators should consider these findings when calling for new legislation and appeal to criminologists to produce comprehensive empirical analyses on home invasion crime.

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A Householder's Right to Kill or Injure an Intruder under the Crime and Courts Act 2013: An Australian Comparison

Abstract: Section 43 of the Crime and Courts

Cited by 2 publications

References 1 publication

Defenceless Castles

Defenceless Castles

US Newspapers’ Portrayals of Home Invasion Crime

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