Sensible decision but a law change is needed

Poor bastard would have gone through hell for months when all he did was stab a scumbag who was attacking him.

A 15-year-old boy who stabbed a burglar in a scuffle inside his West Auckland home has escaped charges.

The schoolboy and his father apprehended the 19-year-old intruder after finding him robbing their Henderson property on July 28.

A source told The Herald the intruder tried to escape the house after hearing the boy’s father.

He jumped out of a window, landing on the 15-year-old.

The older teenager was stabbed in an ensuing scuffle.

Police this afternoon said the “public interest” would be best served by referring the incident to Waitakere Youth Aid.

No criminal charges would be laid.

A law change to make this legal would be a good popular move.


THANK YOU for being a subscriber. Because of you Whaleoil is going from strength to strength. It is a little known fact that Whaleoil subscribers are better in bed, good looking and highly intelligent. Sometimes all at once! Please Click Here Now to subscribe to an ad-free Whaleoil.

  • Anonymous

    The law (Section 48 of the Crimes Act – Self Defence and Defence of others) is arguably perfectly adequate as it is. However it has occurred to me to be utterly reprehensible on the part of the Police to refer the 15yo victim to ‘Youth Aid’ presumably for a rark-up leaving the poor guy with his name stuck in Police records (like happened to those Australian brats caught shoplifting in Queenstown). If the 15yo had been taken to court he would almost certainly have been acquitted under s48 but at enormous financial and emotional expense to the family.

    One law change I would like to see is evidence concerning a weapon used in self defence to be declared inadmissible as long as the victim immediately does anything needed to stop breaching the law (eg surrendering a firearm). If the Police determine that self defence was justified, they are still ready to try on a firearms charge.

    Another change would cover dealing with apparent ‘self defence’ cases – legislation should give resolution of such cases top priority. In the Auckland pharmacist case, the relevant facts on which to make a decision were available almost immediately – there was no need for tests, this, that and the other, then Crown Law taking ages to review the file. A Crown Law barrister should have been able to make a decision on that one within a few days of getting the relevant facts.

    The Police managed this with Constable A at Waitara, so why not other cases. The speed of the Waitara decision followed the case of a Police shooting in Kurow where the investigation and decision not to prosecute took ages to the disgust of the locals.

  • If it’s a sensible decision under the current law, why does a law change need to be made..

    That is, popular laws aren’t always good laws.

    • Because it shouldn’t take months for a decision like this and he shouldn’t have been under the pressure for so long in cases of clear self defense.

  • GPT

    It is legal under the Crimes Act. Is not the issue with the time of investigation? And how can anyone be sure it is “clear” self defence without an investigation? I have found from time to time that people involved with the police lie!

  • thor42

    An absolutely clear-cut case of self-defence. If you don’t want to be stabbed, don’t go poking around in other people’s houses. I feel a great deal of sympathy for the poor kid who did the stabbing, but none at all for the burglar who was stabbed.

  • Anonymous

    I would be careful with a law change. It could provide criminals a means to get away with GBH or even murder. However On the whole, I detest that a burgler, or even a tagger be made a martyr because they were injured/killed when commissioning their crime.