Stick-ing point – defining defending

weeziepops 6 May 2009 42

Following some of the postings about crime in the ‘burbs recently, I have taken to accessorising my usual walking equipment of one staffy and/or one mastiff with a sturdy stick.

I was striding along confidently when a person decided to pull up in their car and shout out at me that it was illegal for me to carry this “weapon”.

Weapon? It’s a fecking stick!

I would only employ it as a defensive measure if accosted by a bully or if I ever happen to meet the owner of the two yappy pomeranians who torment me so regularly.

Is there a rule about what means a person can take to have something handy should they need to defend themselves? I understand I can’t lug a gun around with me, but where is the line drawn?


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42 Responses to Stick-ing point – defining defending
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VYBerlinaV8_the_one_they_all_copy VYBerlinaV8_the_one_they_all_copy 10:18 pm 08 May 09

To offer a different view, if someone attacked you in your car while your family was there, wouldn’t you use whatever means necessary to defend them? The cops are busy in this town, and unlikely to get to you quickly enough to intervene anyway, so what’s the problem with self defence? I’m not talking about killing people, but a couple of thumps to end a nasty situation seems entirely reasonable to me.

FWIW, I don’t carry my maglight in the car, and have never struck anyone with a weapon (unless you count farting in the elevator at work).

nathan nathan 6:11 pm 08 May 09

…please consider whether you think this law is just. If you do not feel it is just then please do something about it, whatever small thing that may be.

Hear, hear, Mr. Jakez.

midlife midlife 1:21 pm 07 May 09

I was chopping some wood and doing some gardening would be my excuse of they asked why I was carrying a machette.

Skidbladnir Skidbladnir 9:15 am 07 May 09

planeguy said :

Agree. This is one seriously scary thread. Who the hell needs to carry a maglite around everywhere, or maintain a maglite in their case ‘just in case’.

Just in case I need to see something in the dark, mind you.

weeziepops weeziepops 8:12 am 07 May 09

Great. So I now find I must walk my dog naked as my INTENT, if attacked, would be to defend myself by choking my assailant with any available item of clothing. I will also need to leave my house unlocked as I can’t carry my keys, given my INTENTION of driving them into a would-be attackers eyeballs. I even INTEND to attempt to use my i-pod as a special suppository on anyone who sees fit to attack me. Oh. Hang on. If I just leave the i-pod at home I should be safe anyway – nothing to pinch. Phew.

NoAddedMSG NoAddedMSG 7:50 am 07 May 09

shanefos said :

I think what scares me more than the remote possibility of being mugged is the thought that there are so many people out there that make a point of carrying things like baseball bats and maglites “…within handy reach from the driver’s seat, just in case”.

Yes. I have been telling stories for years about an otherwise very peaceful ex of mine used to stash a machete under his bed, and insisted on stashing something similar under my bed and leaving a large lump of wood in my car. Now I find out it is not quite so hilariously rural-kid-moving-to-the-big-city odd as I thought it was at the time.

ant ant 10:09 pm 06 May 09

p1 said :

So clearly it comes down to intent, since people frequently venture out with all manor of items capable of causing injury, eg motor cars.

P1 got there before me. Did the person in the car not worry about the fact that they were in an object that is a very effective weapon?

planeguy planeguy 9:03 pm 06 May 09

shanefos said :

I think what scares me more than the remote possibility of being mugged is the thought that there are so many people out there that make a point of carrying things like baseball bats and maglites “…within handy reach from the driver’s seat, just in case”.
No wonder the instances of violent road rage are on the rise.
Then again, the instances of mass paranoia are on the rise too. I bet all you Maglite weilding road users have all run out and bought a cannister of anti-bacterial handwash and a face mask too.

Agree. This is one seriously scary thread. Who the hell needs to carry a maglite around everywhere, or maintain a maglite in their case ‘just in case’.

farnarkler farnarkler 8:46 pm 06 May 09

Don’t worry. If you ever get arrested carrying a stick, make sure you’re up in front of chief justice Higgins. Say the drugs made you do it and he’ll let you off scott free.

jakez jakez 6:24 pm 06 May 09

As others have said above, it is all about intent. This is why when topics of this nature come up on RiotACT I always talk about how one cannot even carry a small piece of metal (or plastic) on a keychain to assist with wrist locks.

It so happens that in your case, the law is unenforceable as even though by your own admission you have broken the law, it is under circumstances easily hidden by a lie.

Although this is the case, I implore you to ponder on the fact that you have broken the law, and instead of dismissing that because you cannot be ‘brought to justice’, please consider whether you think this law is just. If you do not feel it is just then please do something about it, whatever small thing that may be.

weeziepops weeziepops 3:06 pm 06 May 09

#27 – both crossed with very small, timid, fluffy kittens. Unless you mess with their owner, in which case those kittens become lions!

crazyfish crazyfish 1:55 pm 06 May 09

Seems obvious to me – they were talking about the dog and not the stick 😉

Swaggie Swaggie 1:44 pm 06 May 09

Were they leaning out of a Toyota Kluger when they shouted to you?

shanefos shanefos 1:18 pm 06 May 09

I think what scares me more than the remote possibility of being mugged is the thought that there are so many people out there that make a point of carrying things like baseball bats and maglites “…within handy reach from the driver’s seat, just in case”.
No wonder the instances of violent road rage are on the rise.
Then again, the instances of mass paranoia are on the rise too. I bet all you Maglite weilding road users have all run out and bought a cannister of anti-bacterial handwash and a face mask too.

astrojax astrojax 12:46 pm 06 May 09

trade in the staffy for an ocelot, then look who’s laughing…

V twin venom V twin venom 12:35 pm 06 May 09

In a previous life I was security patrol dude whose job it was to respond to alarms and conduct after hours inspections/lock-ups etc. We were always told that if you are going to defend yourself with the maglite that we carried, to strike with the bulb end. It assists in the “intent” issue if you strike while holding said lead filled pipe in the same way that you would when using it as torch.

What are you staffy and mastiff crossed with – persian or tabby?

barking toad barking toad 12:17 pm 06 May 09

Shotguns once deterred this offensive behaviour.

Pommy bastard Pommy bastard 12:15 pm 06 May 09

“When sticks are outlawed, only outlaws will have sticks…”

p1 p1 12:08 pm 06 May 09

In reality though, will anybody (even a pack of gutless kids) really consider attacking someone walking a staffy?

Depends if the staffy has an ipod worth stealing…

BerraBoy68 BerraBoy68 11:37 am 06 May 09

niftydog said :

Not sure about that, BerraBoy – it’s all about intent according to the Crimes Act. Also, given it’s not spring at the moment I’m sure using that defence would make for a very entertaining conversation with Mr Plod.

Much better to take a 4xD Maglite with you, that’s at least somewhat more plausible than faking a gammy knee!

Ah ha! After 3 full reconstructions to my right knee I can rightfully claim to be using a walking aid! I also like Ozhairs answer, after all, dog + stick = fun. In reality though, will anybody (even a pack of gutless kids) really consider attacking someone walking a staffy?

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