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Your rights if you’re faced with an intruder in your own home

Neil Mitchell
Article image for Your rights if you’re faced with an intruder in your own home

With the festive season upon us, there is likely to be an unfortunate spike in home invasions and robberies.

So what are your rights if you’re confronted in your own home?

3AW Mornings legal advisor, David Galbally QC, said you were entitled to defend yourself.

‘If that burglar threatens you with physical violence, you are entitled to protect yourself,’ he explained.

‘But you can’t use the situation of a burglar being on the premises as an excuse to kill the person.’

Mr Galbally tried to explain the law in simple terms.

‘You’ve got to have a reasonable apprehension of fear for your life and safety,’ he said.

But Tony Jones said that came as little comfort.

‘It seems to me all the rights are with the robbers?’ he said.

Click PLAY below to hear David Galbally QC explain the law on 3AW Mornings.

Assistant Commissioner Bob Hill said the message from police was simple.

‘You should avoid confrontation, where possible,’ he explained.

‘Because you’re putting your life in danger as a consequence.’

Click PLAY below to hear Bob Hill speak with Tony Jones.

Neil Mitchell
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