6 May 2009

Stick-ing point - defining defending

| weeziepops
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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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VYBerlinaV8_the_one_they_all_copy10:18 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).

…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.

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

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.

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.

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.

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?

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’.

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.

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.

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

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

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

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.

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

V twin venom12:35 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 toad12:17 pm 06 May 09

Shotguns once deterred this offensive behaviour.

Pommy bastard12:15 pm 06 May 09

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

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…

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?

How about one of those small personal alarms that emit a piercing shreik.

Really hurts when you stick it into an attackers ear.

VYBerlinaV8_the_one_they_all_copy11:30 am 06 May 09

I have a 6 D cell maglite I used to keep under the counter when I worked in the servo years ago. It would make a good thumpy stick if need be.

I have an array of Maglites and other forms of illuminator, suitable for a variety of purposes.
But the 6D stays within handy reach from the driver’s seat, just in case.

“without reasonable excuse” – it’s a walking stick. You’re walking. It doesn’t have to be a cudgel, anything made of hardwood up to about 3cm thick at the chunky end would have enough heft to be taken seriously by nefarious types.

In my mind, that is much more reasonable (and practical) than carrying a 4-cell Maglite when a watch-battery powered keychain LED thingy would be sufficient to light your way. Besides, you get much more reach with a good shellaleigh than a maglite. 😉

For day time walks, take a big stick, for night time walks, stick to the trusty lead-filled pipe (aka Maglite) 😉

Trolling – now coming off internet forums and on to a street near you…

I’m fascinated by the fact that someone saw the need to stop and tell you this.

To them I say, life, get one.

Yep, as long as you give a different reason for carrying the stick eg, for throwing to the dog, you are all good.

I keep a 6 cell mag lite in my car “in case I break down in the dark”

Carry a tennis racket/baseball bat and a tennis ball….for the purpose of hitting the ball for your dog, and not at all for the fact that it makes a better designed weapon than a stick.

All you need is a reasonable excuse. So obviously yours is to fend off other dogs who decide to attack you or your dog.

Don’t worry about it.

I like my 4D Maglites.
“If I walk the dog after dark without a torch I am likely to injure myself” is a pretty reasonable excuse,

And if it is day time, you could always say that you are concerned about fog.

That definition of offensive weapon pretty much means anything in your hand can be an offensive weapon, even a maglites.

But what kind of stick was it? A branch of a tree? or a cut off broomstick? I think a branch might be seen different to a broomstick or axe handle.

…or capable of being used, for
causing injury to or incapacitating a person…

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

So long as the stick is long enough to be used as a walking stick, and that is the only reason you give for carrying it, you should be fine IMHO.

I like my 4D Maglites.
“If I walk the dog after dark without a torch I am likely to injure myself” is a pretty reasonable excuse, consdering that the nearest off-lead area is scrub.

Meh, you’ve got the staffy and/or mastiff with you. What else are you gonna throw for them to fetch 😉

The guy who yelled at you, he didn’t look like a gutless tuggie-thuggie scared that the populace were starting to stick up for themselves, did he?

just wander along hefting a brick. if asked, you are saving for a house.

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!

380 Possession of offensive weapons…

A person who, without reasonable excuse, has in his or her possession, in a public place, in circumstances likely to cause alarm, an offensive weapon… is guilty of an offence punishable, on conviction, by a fine of $1 000, imprisonment for 6 months or both.

381 Possession of offensive weapons… with intent

(1) A person who has on his or her person an offensive weapon… in circumstances indicating intent to use the weapon or substance to commit an offence involving actual or threatened violence, is guilty of an offence punishable, on conviction, by a fine of $2 000, imprisonment for 1 year or both.

offensive weapon means—
(a) anything made or adapted for use, or capable of being used, for
causing injury to or incapacitating a person; or
(b) anything intended for that use by the person who is carrying it
or otherwise has it in his or her possession;

#2 – heh heh. Hope I see them again tonight…

“Speak softly and carry a big stick; you will go far.” – Theodore Roosevelt.

AS long as the stick isn’t adorned with nails you’re OK. After all, many people carry a stick bushwalking or even just walking around Canberra in Spring to fend off magpies.

Hells_Bells7410:10 am 06 May 09

Now you have a third reason to carry a stick – People shouting crap from cars.

I’m pretty sure you’d be OK carrying one of those 4 D-cell maglites, if you were so inclined.

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