25 August, 2010

Self-defence in the News - No. 4


What the law says on self defence

What the law says on self defence

By Vaimoana Tapaleao

Wednesday Aug 25, 2010



Under the law, anyone can defend themselves against another person, using force that they believe is appropriate.

That could mean using a weapon - such as a gun, knife or even an umbrella - or fighting an attacker, say criminal defence experts.

Auckland criminal defence lawyer Gary Gotlieb said self-defence was simply proven.

"It could be you're walking down the street and someone comes at you - and you're holding an umbrella - and you instinctively hit them in the eye or any other area to protect yourself ... that's self-defence because you've obviously defended yourself."

Another Auckland criminal defence lawyer, Shane Tait, said people had to prove that the force that they used was appropriate.

"Obviously if a 69-year-old woman is chasing you around the store with a feather, you're not going to go at her with a shotgun and get self-defence," Mr Tait said.

"It's seen as what was reasonable to use - a weapon or fighting back - at the time that an attack happened."

Mr Gotlieb said that in some cases defendants had lost their claim of self-defence.

"It's often cases like at parties where a fight has happened and someone goes and gets a gun or a knife and comes back to join the fight - that is not self-defence."

THE RULES, THE CASES

Crimes Act, Section 48: Defence of oneself in reasonable circumstances. Crimes Act, Section 55: Necessary force to stop someone entering a person's home.

April 2009: The owner of Tokoroa's Aotea Chinese Restaurant and Takeaways, Zhuo Feng Jiang, wrestled a semi-automatic .22 rifle off a masked robber and shot him in the leg. Police decided against charging Mr Jiang.

September 2008: Otara liquor store owner Virender Singh was charged with injuring with intent to injure after he defended himself with a hockey stick against five drunken teenagers, one of whom had stabbed him in the thigh. A justice of the peace dismissed charges.

2006: Greg Carvell shot a machete-wielding Ricky Beckham, 29, in the stomach with a handgun at his father's Penrose gunshop. Police charged him with possession of a pistol for unlawful purposes but in June 2007 the charges were dismissed.

Self-defence in the News - No. 3

Death after pharmacy struggle 'self defence'

Death after pharmacy struggle 'self defence'

By Alanah May Eriksen

Wednesday Aug 25, 2010

A 68-year-old Auckland pharmacist at the centre of a police investigation into the death of an intruder in his store has been through a "very, very traumatic" ordeal, his family said last night.

The Herald understands pharmacist Grant Gillard - who was confronted by the burglar in his shop early yesterday - struggled with the man and was holding him down before he went into cardiac arrest.

Police tried to revive the middle-aged man - who has not been identified - but he died on the floor of the Mt Albert pharmacy.

Public support was mounting last night for Mr Gillard, who was back at his Remuera home after being questioned by police for most of the day. No charges have been laid.

His lawyer, Richard Earwaker, said his client had been given medical advice to rest.

"He's been through a very frightening ordeal and it's been rough for him. He's 68 so this has been very stressful ... It's been horrific for him, he's had some medical help."

Asked if Mr Gillard knew the intruder, Mr Earwaker said: "The short answer is no. It was just a burglary, he didn't know him."

Mr Gillard has run the Gillard Pharmacy on New North Rd with his wife Vera since 1969.

Mr Earwaker said he was well-respected among retailers and in the community and had been receiving a stream of calls and messages of support from friends and the public.

He would not comment on possible charges, but another criminal lawyer, Gary Gotlieb, said: "I would've thought that this was obviously self-defence and I think any jury would see that."

Mr Gillard returned to his home about 7pm yesterday and a man at the door, believed to be his son, said: "It has been a very, very traumatic time for the family".

Police were last night trying to establish who the intruder was, as he was not carrying identification.

The drama started when a security guard phoned Mr Gillard about 4.30am yesterday, after the shop's alarm went off.

When the pharmacist arrived at the store, the pair searched the premises for about 10 minutes but did not find anyone.

The guard left and Mr Gillard started to lock up when the intruder confronted him.

A scuffle ensued and at some point Mr Gillard phoned his wife to call the police.

Police arrived about four minutes later and officers performed CPR on the intruder before paramedics arrived.

The man was pronounced dead shortly after 6am.

Police were yesterday concentrating on a large hole in the back of the store which looked to be the entry point.

Inspector Jim Wilson said no weapon was found at the scene but that wasn't to say one hadn't been used.

A steady stream of friends and neighbours arrived at the house.

West Auckland pharmacist Warren Flaunty said the profession was becoming increasingly dangerous because of people seeking codeine and pseudoephedrine - ingredients in cough and cold medicines - to make P.

"Every time my alarm goes off, my wife dreads when I will call her to tell her what's happened this time," Mr Flaunty said.

Mr Flaunty, who has run his pharmacy for about 20 years, said he had about two robberies each year. In one, a man came into the store with a gun, threatening staff, before demanding pseudoephedrine.

"I lost two staff because of that. They couldn't handle it any more. [The danger] is something that goes through your mind all the time."

Don McBeth of Gail Sanders Travel, near Mr Gillard's pharmacy, found it hard to believe he would have hurt anyone but if he did, they would have deserved it.

"He wasn't aggressive at all. The most he would have done is say 'f*** off'. I can't even imagine him saying that."

Mr McBeth said the area had been plagued over the past couple of years by crime, including gang violence, shop hold-ups and daylight thefts of cars.

Gilbert Road Discount Liquor store owner Virender Singh defended his shop against five drunken teenagers with a hockey stick in September 2008. He faced charges which were later dropped.

"I'm still where I was in 2008, I'm still of the same position, if something happens to me similar, I'll do what I have done previously.

"He protected his property, his shop, he hasn't done anything wrong. That is my opinion ... that's why shopkeepers are standing up, otherwise these people will keep doing what they do."


Police at the scene at Gillards Pharmacy on New North Rd, Mt Albert. Photo / Brett Phibbs

24 August, 2010

Self-defence in the News - No. 2

Wellington hotel worker punches gunman

Wellington hotel worker punches gunman

The Dominion Post

23/08/2010

A Wellington hotel worker who was confronted by a gunman grabbed the armed man and punched him.

Detective Sergeant Martin Todd said that at 5.20am this morning, the 26-year-old victim was working in the reception area at the Abel Tasman Hotel, on the corner of Willis and Dixon St.

A man jumped the reception counter and pointed a pistol at him.

''The gunman made threats before the victim grabbed the gunman and a struggle between the two began in the office area behind the reception counter. The victim punched the gunman and managed to get free and get help.''

Detective Sergeant Todd says the victim received minor grazes to his hands as a result of the attack.

''It was a frightening attack, especially as a firearm was involved. We hope that the public can assist in identifying the person involved.''

The offender was described as a European male, aged 25-30 years, of average height and build with short hair.

He was wearing a black coloured beanie, a light blue baseball cap with the words ''Murupara Hotel'' on it, brown framed tinted Bill Bass brand glasses, a brown checked long sleeved shirt a fluorescent orange vest, blue jeans and white sports shoes.

''Police are appealing for any witnesses to the attack or any suspicious activity around the time of the incident. We are interested in hearing from people who know a person who has worn a "Murupara Hotel" baseball cap in the past,'' Mr Todd said.

Anyone with information should contact Wellington CIB on Tel: (04) 496 3454 or phone Crimestoppers on 0800 555 111.

EARLY MORNING RAID: A gunman leaps the counter of the Abel Tasman Hotel

PHOTO: Supplied by NZ Police

16 August, 2010

Self-defence in the News - No. 1

Judo-trained dairy owner sees off armed youths

Judo-trained dairy owner sees off armed youths

By KAY BLUNDELL - The Dominion Post

03/08/2010

A Levin dairy owner used his judo skills to fend off would-be robbers pointing a pistol at his head.

Playford foodmarket owner Tushar Patel was walking out of his Bledisloe St dairy at 1.25pm on Sunday when he saw four young men, two wearing balaclavas, about to enter.

He managed to dial 111 on his mobile before one of youths snatched his phone and tried to punch him in the face.

A former judo competitor in India, he deflected the blow, grabbed his phone, and held on to his attacker's wrist.

He saw one of the group rushing towards him pointing what looked like a pistol at his head. "I thought, 'That is a bloody gun he has."'

The gunman threatened to shoot Mr Patel, prompting him to push the man he was holding towards the gunman and yell out to his neighbour to call the police. The group ran off.

"I was yelling loudly. I did not think they wanted to kill me – they wanted to rob me."

His wife, Vanita, praised her husband's bravery. "He is a little bit strong man," she said.

It was the third time the couple have been targeted. Two years ago a man threatened Mr Patel with a vegetable knife and demanded money. Mr Patel showed off a bigger knife he kept behind the counter, and the offender fled.

About two months ago a man in a balaclava, brandishing a screwdriver, demanded money before running off empty-handed.

Mr Patel urged dairy owners to be careful and protect themselves. His wife agreed: "They cannot treat you that way, steal like that, otherwise they do it every day. I am proud of my husband but I am scared now."

Two 16-year-olds had been caught, police said. The gun is thought to have been a BB gun.

PHOTO: CHRIS SKELTON

MY STRONG MAN: Vanita Patel says she is proud of husband Tushar for fending off a gang of attackers. It is the third time their dairy has been targeted in the past two years. "They cannot treat you that way," Mrs Patel said.