Richard Prosser might think he’s talking tough – but he’s a pussy cat for rejecting the castle doctrine

And then we'll string the bugger up from the nearest tree.

And then we’ll string the bugger up from the nearest tree.

Some namby-pamby hack at the NZ Herald today credits NZ First with having “a hardline law and order policy” that would offer greater protection to homeowners, farmers and shop keepers who shoot to kill intruders during home invasions or burglaries.

Part of the policy is a 40-year mandatory non-parole sentence for premeditated murder.

Alf’s idea of hard line would be to string the buggers up from the nearest tree, skipping the trial thing if need be.

NZ First also wants the Crimes Act amended to give certainty over the use of “reasonable force” for self-defence.

On this one, Alf would dispense with any need to demonstrate reasonable force had been used.

Next time he bumps into Richard Prosser around the precincts of Parliament, these matters should provide the stuff for a lively argument.

 

Prosser, of course, is New Zealand First’s law and order spokesman and it looks like he has been doing some speaking to the NZ Herald hacks.

He obviously does not recognise he has exposed himself as being something of a pussy cat.

Ahead of the party’s annual convention this weekend, law and order spokesman Richard Prosser said the policy was a response to a string of incidents that had seen farmers and shopkeepers in court over their use of firearms or even hockey sticks against would-be robbers.

Mr Prosser said so-called “castle doctrine” laws in some US states, which saw Texan Joe Horn acquitted after his 2007 fatal shooting of two men who had burgled his neighbour’s home, were “so over the top that it wouldn’t be something that I think anyone in New Zealand would give consideration to”.

“But what I do think people have a desire for is the ability to actually defend themselves and their families in their own homes.”

So how can you defend yourself if you can’t gun down someone who wants to do you, your family or your property a serious mischief?

Let the record show Alf most certainly is tempted to do things they way they do them in Texas – on this matter, at least.

Texas  expanded its “Castle Doctrine” – in some states known as “Stand Your Ground” – in 2007.

Texas law always had allowed deadly force against intruders and thieves to protect lives and property, but where it once required a duty to try to retreat if possible when facing imminent danger, it no longer does.

Bad bugger beware – this is how it works:

For $20.29 stolen from the tip jar of a Houston taco truck, 24-year-old Benito Pantoja was shot with a .357 Colt and killed.

The owner of Tacos Del Indio, parked near the Ship Channel, ran him down as he tried to escape with the cash, fired into the getaway car and hit Pantoja in the back.

The death was ruled a justifiable homicide, one of 48 involving citizens across Texas in 2010, with 27 in Houston, according to a Houston Chronicle analysis of FBI data.

Texas law goes further than other states in allowing deadly force not only to protect property, but also to stop rape, arson, burglary, robbery, theft at night and criminal mischief at night.

A grand jury in Lavaca County in June declined to indict a 5-year-old girl’s father who found a man molesting her behind a barn in Shiner – and beat him to death. The father, the grand jury determined, was within his right to use deadly force to protect his daughter.

In Houston early Friday, a 19-year-old convenience store clerk shot and killed a 52-year-old man who stole beer, according to police. The matter remains under investigation, but the clerk was not arrested.

What does the Prosser tosser support?

Ah – something designed to deal with tinkers.

Mr Prosser wants a regime based on that introduced in Ireland in 2011 following controversy over the 2004 shooting of an Irish traveller by a farmer.

NZ First’s proposal would allow for homeowners to use “any firearm that is lawfully available to that person” to defend themselves.

But it wouldn’t provide legal justification for people to obtain and keep a gun for self-defence.

Mr Prosser said his proposed law would not allow dairy owners, for example, to keep a shotgun under the counter.

This strikes Alf as being a weakness which disqualifies New Zealand First from fobbing off their policy as hard line.

Prosser doubtless will try to have him think again because:

Northland farmer Paul McIntyre was tried and eventually acquitted of charges stemming from his 2002 shooting of one of three men trying to steal his farm bike.

He [Prosser, preumably] said current laws already provided legal protection in cases like his own.

“It just depends on how good your defence in court is.”

However, if the law moved too far in giving legal protection to use deadly force, “people are going to go out and start attacking their neighbours, aren’t they?

“It’s going to open up a whole new can of worms.”

But the alternative to opening up this can of worms is to do nothing and be slain in your shop, as happened recently to a dairy owner in Auckland.

The cops are much too busy taking pictures of fellows like Alf whose only offence is to put a bit much pressure on his accelerator now and again.

 

 

 

 

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