“A man’s home is his castle.” This sentiment is rooted deep in Australian culture, which reflects the sanctity of someone’s own residence, and therefore, their right to defend it at all costs. After all, our own home is perhaps the most private and intimate place in our lives. So, most Australians assume that the law would be on their side if they had to seriously injure an intruder, or worse.
However, a recent incident in northern NSW has highlighted this common misconception and has outlined the very strict and methodical tests for examining whether self-defence is lawful.
The Recent Incident
The debate around self-defence has been incited by an alleged home invasion in Torrington, a small town roughly 65 kilometres south-west of Tenterfield in northern NSW.