Job Recruitment Website - Immigration policy - Immigrating to New Zealand should learn to prove that the force of self-defense is appropriate.
Immigrating to New Zealand should learn to prove that the force of self-defense is appropriate.
If you are a bystander passing by, the law clearly stipulates that you can help others stop an attack. On 20 14, a woman in the north island was attacked and asked passers-by for help, but no one came forward to help, causing public outcry. Of course, helping others should be encouraged and advocated, but what you do must be helping others, not becoming part of the problem. What needs attention here is whether the intensity of use is appropriate and whether it stops at the right time.
Here, you need to focus on how to prove that the power of self-defense is appropriate. There are three points to note:
1, time point. Will you stop defending at the right time? If the attacker is running away, you can't continue to chase and hurt him. If we continue to resort to force, it will become excessive defense or revenge.
2. Defence force. The court will examine whether people's thinking patterns are reasonable at the time of attack. For example, a 69-year-old woman is chasing you with a broom in the store. You can't say that pointing a gun at her is self-defense. Even if someone thinks it is reasonable to take up an axe to protect the pushed person, the court will think it is unreasonable.
In some cases, the defender will also lose the reason for self-defense, especially for some parties. When there is a conflict, some people will join with guns or knives, which is not self-defense.
3. defensive. Your defense must be against attack, not pre-emptive.
Specific case analysis:
Case 1 In 2006, Greg Kawohl shot Ricky Beckham with a broadsword in his father's gun shop, and the police accused him of illegally hiding a pistol. But in June 2007, the charges were dismissed.
Case 2 In September 2008, Singh, the owner of White Hotel in South Auckland, met a group of young people, at least one of whom was fully armed. He thinks these young people want to rob him. So he grabbed a hockey stick and was stabbed in the fight. After the incident, the police who arrived 15 minutes later only arrested and accused Singh of his behavior. This surprised everyone.
Of course, he wasn't charged? Self-defense, but accused of assault The police said that the evidence showed that when a young man was lying on the ground, Singh hit him in the face with a hockey stick and broke several of his teeth. He was also accused that when another young man tried to help the young man with a broken tooth, Singh attacked his back and legs. Singh said in a statement to the police. My behavior is not to kill them, but to teach them a lesson, don't do this kind of robbery again. ? In the end, two local judges dismissed the charges against Singh and were widely praised by the public.
Case 3 In April 2009, Mr. Jiang, the owner of Aotea China Restaurant in Tokoroa, shot a masked robber in the leg with a semi-automatic rifle. The police finally decided not to prosecute Mr. Jiang.
Summary:
You will find that. Self-defense? Illegal? Do you think you will be attacked? And then what? You suffered a great loss? Provide a balance point. In the face of direct threats, you can use? Appropriate strength? To protect yourself or others. Once this threat is over, your right to use force is over. This means that if a robbery suspect is fixed on the ground, you can't hit them on the head with a hockey team.
I believe many people are watching? Self-defense? Sometimes, the understanding may be broader than the law, and you may feel that instead of waiting for these teenagers to chase you in the street with knives, it is better to take them with you for self-defense; Instead of waiting for thieves to steal your property, it is better to deal with them with deadly force in advance.
In view of the current public anxiety about crime, the current interpretation of the self-defense law may be extended to include those attacks that we think will cause harm in the future. After all, if we hadn't taken action in the Singh incident in case 2, we might have seen a news about the tragic death of the store owner.
Everyone needs to protect their legitimate rights and interests. If the police think that you are over-defensive, you may be charged with assault. If you want to defend yourself on the grounds of self-defense, the court will judge whether you are over-defensive according to the specific circumstances, including the intimidation you have received and whether there are other non-violent ways to stop the attack.
If you are accused of over-defense, you should consult the relevant lawyer immediately, and your lawyer will help you through the court procedure and present relevant evidence in your favor.
If the above cases and legal provisions are analyzed, can they be used? Appropriate weakness? Self-defense, so in New Zealand, can you carry weapons or guns for self-defense?
In some cases, it is justified for people to use force to defend themselves. This kind of self-defense is called self-defense. How to justify the use of force will depend on the specific circumstances. On the contrary, if excessive violence is used, even on the grounds of self-defense, it will lead to criminal responsibility. So, in New Zealand, can you carry weapons or guns for self-defense?
It needs to be particularly emphasized that it is still illegal to carry weapons for self-defense according to the law.
The provisions of the weapons law and gun ownership have nothing to do with self-defense. However, the gun safety manuals, guidance documents and use permits produced by the police and the New Zealand Mountain Safety Commission (NZMSC) show that self-defense is not a legal reason to own guns. The law does not allow possession of guns? Looking forward to it? This is for self-defense. Guns are deadly weapons. It must be used under serious and imminent death threat or physical injury.
In fact, it is illegal to carry any offensive weapons in public places without reasonable reasons, including but not limited to any knives, guns or articles for the disabled, and it is also illegal to prevent wolves from spraying, which is widely concerned by female compatriots.
? Reasonable reason? Perhaps this is one of our concerns. Of course, no specific definition can constitute a reasonable reason, because it depends entirely on your personal situation and your current situation. The court is? Reasonable reason? Set high standards. Perhaps the most important decision you have to make is what to bring according to your own situation. Object? And obviously, the purpose of carrying it is not just to? Self-defense For example, it has been reported that a chef carried a 30cm kitchen knife and was finally exempted from prosecution because of his work needs.
If you are accused of excessive defense or illegal carrying of weapons, you should immediately consult the relevant lawyer, and your lawyer will help you through court procedures and produce relevant evidence in your favor.
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