SkyFall
Man faces manslaughter charge after shooting intruder in own home.
Man who shot Gold Coast home intruder is the 'real victim' | News.com.au
And this is what is wrong with this country, can't even defend yourself in your own home without being threatened with a prison sentence.A GOLD Coast man who shot and killed an armed intruder did nothing wrong and was simply defending "his home, his castle", a court has been told.
Kane Robert Cook, 29, faced court today charged with manslaughter after he shot one of four intruders he said were in his house when he returned home at about 1.40am yesterday.
The fatally wounded man lurched out into the street and bled to death in a gutter 50m away from Cook's home at Gilston.
Mr Cook's lawyer Bill Potts told the Southport Magistrates Court it was staggering that a man who'd simply defended himself against intruders was now facing a criminal charge.
"Under the law a man is allowed to use lethal force against a person who is demonstrably armed with a weapon and prepared to use lethal force against him," Mr Potts told the court.
"Does a man have to be killed or bashed to pieces to justify killing an armed robber in his own home?"
Mr Potts said his client had returned home to find four intruders lying in wait for him inside his house.
Mr Cook struggled with one man, who had a gun and was wearing a balaclava, and managed to grab the weapon and shoot the intruder in the upper leg, Mr Potts told the court.
Police prosecutor Glenn Whittle said the wounded man ran up the street towards a car parked nearby and bled to death before he could reach it.
Inside the car, which was registered to an address at Benowa on the Gold Coast where the dead man had been staying, police found a jewellery box carrying the name of Mr Cook's partner, a black balaclava, a homemade club and amphetamines.
When police later searched the Benowa home they found a hand-drawn "mud map" of Mr Cook's house with his name on it.
Sergeant Whittle confirmed there'd been a struggle inside Mr Cook's house before the shooting, with the dead man shot with a World War II Luger 9mm pistol.
Mr Cook had it in his hand when he went to his neighbour's home and told them: "Call police, call ambos, I shot someone", Sgt Whittle told the court.
He said after putting the gun down Mr Cook was allowed inside to call triple zero and told the operator he'd shot someone and had been robbed.
When police arrived, they found a pool of blood outside the house.
They followed the blood trail up the street and found the man's body in the gutter, Sgt Whittle said.
Police told the court Mr Cook should not be granted bail, but magistrate Catherine Pirie decided to free him, on the condition he report to police once a week.
The Black Beauty
Slayer of Stupid Threads
Id be surprised if he was actually found guilty considering the spate of armed robberies and shootings on the Gold Coast as of late. Be extremely easy for a defense lawyer to argue the man feared for his life.
In the end, its not really the coppers fault hes in the court room, hes killed someone. They cant just pat him on the back and send him on his way.
Tells it like it is.
4 people break into a house and the poor owner gets charged???? IMO if a burglar cops a baseball bat in the snozz then bad luck. We all have occupational hazards to deal with.
Reaper
think i might be moving back to the states.....
dont sweat the petty... pet the sweaty...
Torana Addict
He took the ####ing gun off one of the intruders, how can he be charged at all?
they were trespassing though, what was he ment to do? i'd blast em lol
SkyFall
Give them a stern, "Im gonna have to ask you to leave"
The Black Beauty
Your mum's new boyfriend
We all know what we would do, but it's bullshit that it all comes down to what we end up doing which in this poor guy's case, was killing someone. When it comes to the law, it seems that they remove everything from what happened and turn it from 'Man grapples an armed, masked intruder in his home & defends himself by shooting the man' into 'Man _____ ______ shoots _______ intruder, killing him'. It's shite, but police look at it from the law perspective, rather than what really happened. If he ends up getting convicted, which I highly doubt, then he'll be able to argue his case 100%.
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walks barefoot
I doubt he'll go down for that, although it _must_ go through the courts to establish the facts. Self defense allows you to use equal/justifiable force to defend yourself in Au. The intruder had already used a gun, I would think he is justified to use a gun in defense, even if it's the intruders gun.. Although that does mean that particular intruder is no longer a threat as he's be disarmed but as intent is a very important part of law... Anyway, I'm no lawyer, but I doubt if his story is true he'll be done for it.
One thing I'll say though.. Him being "laid in wait" for as a 29 year old makes me think there is more to this story and not a normal "home invasion/robbery."
i literally lol'ed hahaOriginally Posted by TVR-190
its is kind of stupid although i think the cops are only doing what they told by law... someone did die so there needs to be an investigation although in not sure he should be charged
on a lighter note im hoping to have my house (when i get one) surrounded by something like this:
The point is, as stated above, he will most likely be found to have no case to answer when this goes to court. The coppers are just following procedure, it's not within their discretion to decide his guilt or innocence, that's up to the court system, which hopefully will do the right thing.
( .Y. )
It wont go far. He'll get off...
SkyFall
Yeah but honestly this shouldnt even be a court issue. if someone breaks into YOUR house they are fair game imo.
Need more of this
The Black Beauty
Ecotec just kicked in yo
I think its a complete waste of time and resources. To my way of thinking, if you choose to break into someone else's home, then you lose ALL rights. Given that there were four of them, and one of him and that both them and him were armed, it was either going to be them or him, with them having the advantage, given safety in numbers and all. Even though yes, he did kill someone, I still think its a complete waste of time and resources taking this to court.
if im not mistaken in the states if one of the criminal cohorts your robbing a house with is killed by the owner, you and all the other participants will be charged with felony murder. dosent matter if you didnt actually kill him, even if hes your brother, if he is killed as a result of your committing a felony you and they are getting charged.... and the owner doesnt so much as see the inside of a cop car.... its the exact opposite of here.... lol
dont sweat the petty... pet the sweaty...
Ill take this process thanks. You really wouldn’t want to live in a country where you “lose all rights”. The law is not black and white and situations can present where you may be on the end of something you weren’t guilty of. The facts need to come out and if they are what they appear, what the defendant claims, I am sure “justice” will prevail. And make no mistake I would defiantly defend my house and family the same way.
walks barefoot
Hi TVR, I know we haven't always got on but I want to make things right. Come around for a beer and check out the bonnet scoop I have for my vn, about 11pm, yep, see ya mate. 11:15, boom! F'aeiou'cking home invader! See why it should be a court issue?
Nil Bastardo Carborundum
Our legal system requires that cases of this nature be heard in court and determined by a jury of our peers. It's not the job of the cops to determine who is right and who is wrong - they have to investigate, assemble the facts, prepare a court brief and present it. The victim in this case still has to be charged to enable the court case to proceed. Yeah, it sounds wrong, but would you really want the police to have to decide "yes" or "no" in serious matters like this?
The victom won't be found guilty - a similar case in Brisbane a few years back, when an old bloke shot a young intruder armed with a piece of timber, saw the victim found not guilty on the grounds of self defence and that's probably how this case will go too.
( .Y. )
Bottom line is, he has to go through court. Its not really something the cops can treat with discretion. I do feel sorry for the guy who shot the intruder mainly because I'm under the impression he didn't want to kill him based on where he was shot. Instinct for me would be to aim for the chest, not the leg.
I'd definitely be going headshot... just cause I could then yell "BOOM HEADSHOT" lolInstinct for me would be to aim for the chest, not the leg.
He may not even get charged, but the cops have to follow procedure, investigate, get all the facts and then decide how to proceed.
Rolling on 4 again :D
He has been charged, he is yet to be convicted.
Now That's How We Roll!
plead not guilty and take it to trial, not many juries will convict on that evidence in my experience.
Your mum's new boyfriend
I read in yesterday's courier Mail that he was granted bail and is yet to reappear in court?
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