A Queensland man who fought off a home invader with pepper spray only for the police to charge and prosecute him has faced court.
Aldwin Serrano, 49, used the pepper spray to stop a man who had smashed a window of his home in Mackay on March 10 and tried to break in, and the called police, Mackay Magistrates Court heard last week.
The court heard he told police he had bought six cans of Oleoresin Capsicum Spray on the Wish website, but officers seized the illegal spray and charged him with unlawful possession of a category R weapon and common assault, the Daily Mercury reported.
Acting Magistrate Kirkman-Scroope told Mr Serrano his actions were a “misconceived attempt by you to protect your property” but added: “Not that that’s an excuse. You should know the law and know that these things are prohibited.”
She dropped the common assault charge after the prosecution offered no evidence to support it, and placed Mr Serrano on $250 a six-month good behaviour bond, and did not record a conviction, taking into account his early guilty plea.
Katter’s Australian Party deputy leader Nick Dametto, the state member for Hinchinbrook in Far North Queensland, commented on the case on social media on Tuesday, and called for his state to follow Western Australia and legalise pepper spray for self-defence.
“A Mackay man has been sentenced for using pepper spray on an intruder who was breaking into his home,” he wrote.
“It is currently illegal to possess pepper spray in Queensland for the purposes of self-defence. In Western Australia pepper spray is legal and from the start of September the Northern Territory Government will commence a 12 month trial.
“Cases like this highlight the fact that our state needs stronger self-defence legislation and the appropriate tools to defend ourselves.”
Mr Dametto said he is expecting a response from the Police Minister about a trial similar to the Northern Territory’s by the end of the week.
He also has a petition before state parliament calling for Castle Law in Queensland, which has more than 51,000 signatures at the time of writing.
“The current self-defence laws are inadequate and force victims to second-guess their actions when faced with a split-second, life-threatening situation. Good laws should be in place to protect good people,” the petition reads.
“Introducing Castle Law in Queensland would give victims the right to use whatever force necessary to protect themselves, others within the premises and their property if faced with an intruder(s). Castle Law (or the Castle Doctrine) is a principle grounded in the fundamental right to self-defence.
“A Queenslander’s home is their castle.”
Header image: The Mackay Court House (Google Street View).
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