O'Reilly's in Thornbury robbed earlier today.

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Re: O'Reilly's in Thornbury robbed earlier today.

Post by Gwion » 15 Feb 2018, 1:44 pm

Sapaduke. Unless the laws have significantly changed in the last 20 year, things aren't quite as generous in Vic as you have outlined.

Now, I'm not trying to be argumentative, this is just what I was taught by the ex-police prosecutor who took our legal section or security industry training back in mid 90s.
This is about how the law is commonly interpreted in court and by police and also, as emphasised by our trainer, how to build a "legal wall" to protect your self: i.e., don't skate along the edge of legality and common interpretation:

1/ The public has an assumed licence to enter a property. Not just to the front door but even to enter the building. This assumed licence can be revoked in 3 common ways
- by erecting a "man proof" fence and locked gates around the entire perimeter
- by keeping all doors and window locked
- by written or verbal revocation of assumed licence (not signs as they usually don't stand up in court: this means a personally addressed letter or a simple "hey mate, get off/don't come on my place"

Until this assumed licence has been revoked, the person is not a trespasser. Upon revocation of this assumed licence you must give the person reasonable time to comply. This basically means giving them enough time to mentally process the demand and to enact the demand in a reasonable timely fashion. For example, if your front gate is 100m away and they are heading in that direction on your request, they are no yet trespassing.
Only if they refuse to comply do they become a trespasser.
Any trespasser can be evicted immediately using "any and all reasonable force."

2/ While any citizen person can enact a citizens arrest on reasonable grounds, it is a very sticky area to operate in. The offender must be found "committing and continuing to commit". Once you have apprehended the offender and restrained them, they can no longer continue to commit an offence and it will come down to your word against theirs in court unless you have water tight evidence. IE. "I apologised and realised I had done the wrong thing but this guy wouldn't let me go".

It may sound stupid but I would be more inclined to use "any and all reasonable force" to evict the individual and call the police immediately than I would to detain them.
"Any and all reasonable force" may include breaking their knee so that they cannot easily return to attack you; if that is a real and reasonable fear you have.

Again. Not trying to be an arse but my trainer took great pains to ensure we understood the risk of charges for wrongful imprisonment was very real and serious.
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Re: O'Reilly's in Thornbury robbed earlier today.

Post by juststarting » 16 Feb 2018, 8:01 am

Yep, legal system where cop bashers go free and...

https://www.theage.com.au/national/west ... 0w5fh.html
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