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ARTICLE · 15 MARCH 2019

Homeowners rights and self defence

A homeowner is entitled to defend himself and his property from home intruders, but only to a reasonable degree.

AustraliaCriminal Law

Background

At 7:30am on Sunday 17 February 2019, a 44 year old South African finance worker, Mr Francois Schwartz was alerted to a disturbance in his family home by his barking dogs.

As Mr Schwartz came down the stairs of his Harrington Park home, he discovered 34 year old Bradley Soper standing in his family's living room soaking wet, wearing a singlet, shorts and no shoes.

Detective Chief Inspector Shane Woolbank has confirmed Mr Schwartz then confronted the male intruder where a violent struggle followed. As a result of the struggle, Soper collapsed to the ground losing consciousness. Soper was held in a choke hold while emergency services were being contacted by Mr Schwartz's wife. Attempts of CPR by Mr Schwartz's neighbours and later by paramedics were unsuccessful as Soper was unable to be revived.

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