Attorney General ignores Qld’s biggest ever petition for Castle Law

From Townsville Bureau

Even for a non-practicing solicitor Queensland Attorney General Deb Frecklington’s ignorance of common law and their corporate, political party law is breathtaking.

In response to 113,380 voters who petitioned the State for the introduction of Castle Law which would allow home owners to defend themselves against home invaders without being charged by corporate police for grievous bodily harm or worse and dragged through court, Frecklington thinks the police and courts would let a terrorised home occupant off the hook.

They should not have to go near a court Mrs Frecklington. Will you pay the Law Society’s inflated fees for a hapless home owner who defends himself while being invaded by marauding transients in an incident such as the Northlakes home invasion by young blackfellas armed with knives who stabbed mother Mrs Emma Lovell to death while trying to protect her kids?

Not having practiced in a Queensland criminal court for years, if ever, it seems Frecklington has no idea about strategically placed activist judges and magistrates installed by Labor over previous decades.

The ruling political junta can dial-up whatever outcome it desires and we saw that in the 2020 Qld Taxi Drivers v Uber case. The decision from a single judge of the Qld Supreme Court not to allow compensation for suicidal taxi drivers who had lost everything, was described by Bob Katter at the time as “Queensland has the best courts money can buy.”

The whole point of Castle Law is to prevent home occupants from being charged by police for protecting themselves which would happen in every case where a defence is taken against a home invader under existing provisions of the Criminal Code.

Is Mrs Frecklington suggesting home occupants just lie down and take it?

Should a home owner strike an invader, armed or not, using ’reasonable force’ with a fist or a baseball bat he would immediately be charged by police for assault.

That Mrs Frecklington is what Castle Law sought to avoid.

Arguments surrounding ‘reasonable force’ cannot be reliably determined by a court because neither the judge or police prosecutor were present at the scene.

As first responder the home owner must decide at the material time what is reasonable force.

Such an onerous task is not possible under intense, dangerous circumstances and what normal, level-headed mother or father would not use whatever was at their disposal to defend themselves and family against a probable drugged-up invader armed with a knife or firearm?

Why wouldn’t the occupant grab a knife from the table and use it against an invader who was threatening him and his family?

If he does the police will charge him immediately with attempted murder. What then Mrs Frecklington?

How was a Cairns home owner two years ago able to defend himself and his wife using ‘reasonable force’ when being held at knifepoint while two grubs were raping his wife in another room?

Let Mrs Frecklington answer that one.

Home invasions are averaging around two a week in Queensland. Castle Law would have been a great deterrent for even our indigenous cousins who seem to occupy a lion’s share of invading forces.

It seems Queenslanders will continue to get what they vote for.

The LNP government’s handing of the largest ever petition to come before the parliament was expected to be abysmal, and not delivered until after the Hinchinbrook by-election.

This is what happens when lawyers are allowed to sit in parliament. Many years ago lawyers were banned from holding a seat in the British parliament for this very reason.

That ban should be re-enacted now.

Letter sent to petitioners telling them the LNP will keep them safe