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Yokai
21st December 2004, 12:25
If anyone you know gets presents mislabelled to "Arnold" or "Mum" or "Sean" or "Lizzie" ... F***in' kill the tossers that bust our apartment open and stole Christmas.

I can't frelling believe it- they bust the frelling door down with a crowbar, and nick the nicely wrapped stuff - didn't nick the laptops or the iPod or any of the presents that weren't wrapped - just the stuff for our family.

Total Frelling frellers... I'm so pissed. We have no money to replace them - what the FUCK did they think they were doing - If they'd nicked a laptop or camera or something, fine... but that's just shitty to nick the wrapped presents...

vifferman
21st December 2004, 12:28
Probably school kids (secondary school is out for the year).:thud:

Sorry to hear it, Mr Yokai - that's a really shitty thing to happen. Y'have to wonder what sort of people there are in the world....:spudwhat:

NC
21st December 2004, 12:29
If anyone you know gets presents mislabelled to "Arnold" or "Mum" or "Sean" or "Lizzie" ... F***in' kill the tossers that bust our apartment open and stole Christmas.

I can't frelling believe it- they bust the frelling door down with a crowbar, and nick the nicely wrapped stuff - didn't nick the laptops or the iPod or any of the presents that weren't wrapped - just the stuff for our family.

Total Frelling frellers... I'm so pissed. We have no money to replace them - what the FUCK did they think they were doing - If they'd nicked a laptop or camera or something, fine... but that's just shitty to nick the wrapped presents...
:no: That's fucken low eh...

I hope they catch them!

Biff
21st December 2004, 12:30
Dude, my heart goes out to you. This kinda shit is callous and unforgivable.

MSTRS
21st December 2004, 12:41
Probably not kids...they know the value of ipods etc. Makes it worse somehow. Bastards make me :puke: Something good will happen to offset - always did for us when something shitty happened.

jimbo600
21st December 2004, 12:43
What utter unbelievable cunts. If there is a god I hope that he makes them get cought in the act one day and they get fuckin' well executed.

Ms Piggy
21st December 2004, 12:54
What measely sh*t heads!!! :ar15: That is the absolute pits!! Sorry to hear that.

750Y
21st December 2004, 12:57
ohhh mate that's really gotta suck..

ajturbo
21st December 2004, 13:10
wankers!!!!!!!!!!!!!!!!
man that is so low.... i feel for you and your family...any kids?
may find somthing round here for them if they are young enough <12
PM me if i can help..

:grouphug:

Motu
21st December 2004, 13:28
AAAAHHHH!!!!! It's like we are living in a different world,a paradgim shift that no one told us about.I have your anger here,I will pass it under the bull bar of the Pajero...it longs for justice.

Yokai
21st December 2004, 13:44
:hug:
Man - thanks for your support - Luckily we don't have kids - so there's no major problem there. The biggest thing was that we had bought stuff for my Gfs parents... They're living on the breadline and we had got good things to help them out...

It kinda makes me feel :cold: - but the :Police: :Police: that have been around have been pretty Ok about stuff.

Thanks again - thanks ajturbo - cheers all... at least they left the laptop and the iPod :spudwhat:

onearmedbandit
21st December 2004, 13:48
Sorry dude, that fucken sucks. How I'd like 5 minutes in a room with them, after yourself of course. Hope it all gets sorted out.

MOTOXXX
21st December 2004, 13:52
sory to hear that bro.
hope they find the fuckers.

some people just have so soul.

Firefight
21st December 2004, 13:54
Thats all they are man, same thing happened to one of the guys on my shift over the week end, took the bloody kids prezzies, how fuckin low is that !

F/F :disapint:

ajturbo
21st December 2004, 13:57
:hug:


Thanks again - thanks ajturbo - cheers all... at least they left the laptop and the iPod :spudwhat:


thats cool..great there's no kids.........yet
i know luke is a bit sad about this year's Xmass, away from his mum, and the money is tight around here also, but he has a lot of toys that would have been great for the younger kids!

Yokai
21st December 2004, 14:22
took the bloody kids prezzies, how fuckin low is that?
Too frelling low. There should be an embargo on Christmas - between I dunno 6th December and 6th January thieves shouldn't rob people - get their thieving in during the rest of the year.... Or something...

I mean for frell's sake - they even suspend WAR over christmas/festive seasons...

Devil
21st December 2004, 14:25
Thats totally CompuHyperMegaGlobalGay. Invoke the steaming wrath of contents insurance!

Riff Raff
21st December 2004, 15:50
:mad: :argh: :angry2: :angry2:
I'm so pissed off on your behalf. I can't comprehend how any person can do that to another human being. Feel for you mate.

Have a :apint: or three on me. :hug:

カワサキキド
21st December 2004, 16:00
Get some shotgun shells, empty out the gun powder, and make a special present to put for them under the tree. (Put it away if you have kids visiting)
So if they come back, they will get a lovely Christmas surprise. BOOM! Merry Fucken Christmas.

Joni
21st December 2004, 16:08
I dont have much to say thats has not been said already!

Sorry to hear about your misfortune.

:mad:

Bounty
21st December 2004, 16:11
Ditto everything thats been said before, real sorry to hear what happened. Hope you guys can still have a good xmas, despite what happened. Hope those bastards don't spoil anyone elses!

Storm
21st December 2004, 17:14
Sorry to hear that man. Just guts your faith in human nature

Ghost Lemur
21st December 2004, 17:58
Unfortunately there is a not so small portion of the population who see this time of year as an open invitation to do some christmas shopping of their own, in other peoples freakin houses.

I feel for you Yokai, if there's anything we can do (whip around a collection, etc) don't be too proud to say.

It can be a hard enough time of year, without some lowlifes spoiling it more. Just glad your wife and/or you weren't home.

Skunk
21st December 2004, 17:59
The biggest thing was that we had bought stuff for my Gfs parents... They're living on the breadline and we had got good things to help them out.What sorta stuff? - maybe we can help...

Coyote
21st December 2004, 18:00
How can people go so low? nnnngghhrrr!!

aff-man
21st December 2004, 18:04
Bugger mate that really sux. :crazy: :crazy:

jrandom
21st December 2004, 18:04
Get some shotgun shells, empty out the gun powder, and make a special present to put for them under the tree. (Put it away if you have kids visiting)
So if they come back, they will get a lovely Christmas surprise. BOOM! Merry Fucken Christmas.

You can buy the stuff in packets from reloading supply stores, dude. No need to waste perfectly good shells.

And Yokai, mate, word's can't express how awful that is. Speechless.

I've often had a little fantasy about staying back when the rest of the family's out of town, leaving the lights off, curtains open, windows unlatched and mailbox overstuffed, and camping in the kitchen behind a bench for a couple of nights with the Marlin .45.

I figure the world wouldn't miss them.

NC
21st December 2004, 18:24
I often have fantasies about family's, leaving the lights off, curtains open, windows unlatched and mailbox overstuffed, and camping in the kitchen behind a bench for a couple of nights with the Marlin .45.


Whoa.....
I think I read that wrong

MSTRS
21st December 2004, 18:48
Whoa.....
I think I read that wrong
Probably. If you call at his house in the dark, then expect to be hit with a wet fish.

jrandom
21st December 2004, 18:51
Probably. If you call at his house in the dark, then expect to be hit with a wet fish.

Oh, yes. I will wet-fish her sorry house-caller arse with extreme prejudice.

SPORK
21st December 2004, 19:03
If anyone you know gets presents mislabelled to "Arnold" or "Mum" or "Sean" or "Lizzie"


That could lead to some very akward questioning from the Police...

Total bummer, I feel for ya. Man I hate people!

Ghost Lemur
21st December 2004, 19:30
Forgot to mention some dick just outta prision got done in with a crossbow down here a couple of days ago, after trying to break into a house with some mates. Put money on it they were going after presents (amongst other things). If it helps ya feel better I hear he died very slowly, as he was shot in the stomach.

FROSTY
21st December 2004, 19:37
This is seriously sucky -fuckn hell man -dunno wot else to say.

jrandom
21st December 2004, 19:42
Forgot to mention some dick just outta prision got done in with a crossbow down here a couple of days ago, after trying to break into a house with some mates.

Excellent stuff.

What kind of trouble has the crossbow-wielding occupant ended up in, though?

SPORK
21st December 2004, 20:00
Excellent stuff.

What kind of trouble has the crossbow-wielding occupant ended up in, though?

Just in case, eh jrandom? :(

jrandom
21st December 2004, 20:03
Just in case, eh jrandom? :(

The law's pretty straightforward, but I'm always interested in how real-world situations of that nature are handled after the fact.

As you say, just in case.

Yokai
21st December 2004, 21:22
Mrs Yokai and I just want to say how overwhelmed we have been with all the generosity and kindness that you guys have shown. Thanks for all the wishes, offers of help etc. Been better than a visit to the :doctor: for our faith in human kindness...

Its just really awesome that there are people out there that really do care about others - whether they know them in RL or not...

Thanks again guys and gals.

:not: :grouphug:

Ghost Lemur
21st December 2004, 21:57
Excellent stuff.

What kind of trouble has the crossbow-wielding occupant ended up in, though?

Been charged with iirc aggrivated assult(?) so far. And of course the other side effect (even though this is the first time that anyone has been killed with a cross bow) is one of the lowly opposition poly's (I think Ron Mark? NZ First?) is now advorcating that crossbows are superdupa dangerous and have to be classed as firearms and licenced as such... *yawn* same old same old, you think they would get bored playing the same old games over nothing.

marty
21st December 2004, 22:12
hey yokai - bummer dude. i've been to heaps of xmas burgs, it is a very upsetting time, and my heart goes out to you. it's hard to beleive that the burglars once counted the sleeps to christmas just like every one else. i'm not really sure how they deal with it, justify it. imagine being the recipient of a stolen christmas gift. either ignorant, naiive, or just plain thick.

and i have dragged more than a couple of worse-for-wear burglars/car thieves out of the complainant's hands. no complaints, no worries. it's a bit different when someone dies though, as the feds & coroner will always become involved. no problems if it's a broken nose/jaw/fingers etc though

Ghost Lemur
22nd December 2004, 12:41
Update on the crossbow incident. He's now charged with murder, the two dead guy's mates are getting done for aggrevated robbery (correct me if I'm wrong Spud/Marty/co, but isn't aggrevated robbery mean there was a weapon or added violence involved?).

jrandom
22nd December 2004, 12:49
He's now charged with murder...

Interesting.

What obligations are there to lay the most appropriate and/or stickable charge? Not really any, I suppose. Someone's dead, it's entirely at Police discretion whether to charge the slayer with murder, manslaughter, or whatever else.

I think the court date for the crossbow chappie is appropriate. If you kill someone, a jury should decide whether it was justified or not. It's a good principle. In this case, making assumptions based on the very little data I have, I would guess that he'll be acquitted of murder, and rightly so.

MSTRS
22nd December 2004, 13:36
Interesting.

What obligations are there to lay the most appropriate and/or stickable charge? Not really any, I suppose. Someone's dead, it's entirely at Police discretion whether to charge the slayer with murder, manslaughter, or whatever else.

I think the court date for the crossbow chappie is appropriate. If you kill someone, a jury should decide whether it was justified or not. It's a good principle. In this case, making assumptions based on the very little data I have, I would guess that he'll be acquitted of murder, and rightly so.
Could the man be given a medal & ACC for the scuff on his trigger-finger?? The country needs more of this response to crime. Nothing against the cops, but we all know that they can't protect the community like they used to. And as for the courts...... :killingme :killingme :cry:

Yokai
22nd December 2004, 14:55
My first line of defence would be that I was in fear for my life - that this was self defence and was the minimum force that I could use to protect myself (that's looking for an acquital or a pleabargain of GBH)

Second line is that it was completely unintentional - that I was threatening the burglar and that the crossbow discharged unintentionally (looking for minimal manslaughter time)

Third line ---- Ummmm - there really isn't one unless you claim severe mental trauma and incapacity at the time due to temporary insanity.

James Deuce
22nd December 2004, 15:45
My first line of defence would be that I was in fear for my life - that this was self defence and was the minimum force that I could use to protect myself (that's looking for an acquital or a pleabargain of GBH)

Second line is that it was completely unintentional - that I was threatening the burglar and that the crossbow discharged unintentionally (looking for minimal manslaughter time)

Third line ---- Ummmm - there really isn't one unless you claim severe mental trauma and incapacity at the time due to temporary insanity.Self defence isn't an acceptable legal defence in NZ. Dude's going to jail for murder unless a judge and jury decide to pervert the NZ justice system, yet again.

But on another it should be legal to kill bastards who nick Xmas pressies. That is seriously sucky. I take it there are no leads yet?

jrandom
22nd December 2004, 16:02
Self defence isn't an acceptable legal defence in NZ.

Yes it is. 'Reasonable force' being the main doctrine thereof. I think. Case in point being the response when I asked a related question of the local Arms Officer a year or two back.

He stated that if I happened to be cleaning a gun, moving it from one cupboard to another, or otherwise engaging in Access with Reasonable Cause to a firearm, and an armed intruder entered the house (he cited a baseball bat or knife), I should not expect to end up being convicted of a criminal offense if I took advantage of my position and shot the guy.

I'm not going to force the self-defense point until I've gone and perused legislation.govt.nz later tonight, though, so if you happen to have something more concrete to post, feel free to stomp on my idiocy and higgerance. I know we've touched on the subject before here. In fact, I'm sure I've made an almost identical post before, too.

Did we ever reach a conclusion?

avgas
22nd December 2004, 16:16
Forgot to mention some dick just outta prision got done in with a crossbow down here a couple of days ago, after trying to break into a house with some mates. Put money on it they were going after presents (amongst other things). If it helps ya feel better I hear he died very slowly, as he was shot in the stomach.
either way he's dead and im happy, less crims, less problems

avgas
22nd December 2004, 16:23
Oh mr and mrs yokai, have a really good xmas.
dont worry bout these fuckers that steal, just be thankful that no one (well no one nice anyway) was hurt and enjoy the time with the family.
if you get any information on the culprits give it to us and we should be able to get some form of justice.
In the mean time if you need any help give us a bell (im just over in MT Eden) and i may be able to help....even if its just to shout u a drink on the next cafe race (which is when???)

Yokai
22nd December 2004, 16:52
Oh mr and mrs yokai, have a really good xmas.

Cheers, Mate ... We will - down to Whitianga for a while!


In the mean time if you need any help give us a bell (im just over in MT Eden) and i may be able to help....even if its just to shout u a drink on the next cafe race (which is when???)
I'm thinking of finding a decent one on SH22 from the Waikato Pub to somewhere and back, and doing a proper Cafe Race (Jukebox + race) at some point in the New Year...

jimbo600
22nd December 2004, 21:24
Well personally I'm glad that mother fucker who got speared by the crossbow died. That'll fuckin' learn him and all those of his kind. Don't steal other hard working people's shit. The guy with the crossbow should be acquitted and applauded,

James Deuce
22nd December 2004, 21:29
Yes it is. 'Reasonable force' being the main doctrine thereof. I think. Case in point being the response when I asked a related question of the local Arms Officer a year or two back.

He stated that if I happened to be cleaning a gun, moving it from one cupboard to another, or otherwise engaging in Access with Reasonable Cause to a firearm, and an armed intruder entered the house (he cited a baseball bat or knife), I should not expect to end up being convicted of a criminal offense if I took advantage of my position and shot the guy.

I'm not going to force the self-defense point until I've gone and perused legislation.govt.nz later tonight, though, so if you happen to have something more concrete to post, feel free to stomp on my idiocy and higgerance. I know we've touched on the subject before here. In fact, I'm sure I've made an almost identical post before, too.

Did we ever reach a conclusion?

The proof rests on proving that you "happened" to be cleaning the weapon, or putting it away, or testing a new bow string. The Dude won't be able to prove that because there are two witnesses on the dead guy's side in this case.

The reason I say self defence isn't acceptable as a defence, is because a friend who is once a criminal lawyer and is now working in the NZ Foreign Sevice in Sth America had a similar case to work on and reasonable force is open to such a wide variation of interpretation that only the desperate should use it.

2_SL0
22nd December 2004, 21:55
Dude that is a serious bummer , only just read the post. Looks like I owe you the Moro bar. Ill wrap it if you want :)

toads
23rd December 2004, 07:12
Hi Yokai, this sort of thing makes me sick to the stomach, I know what it feels like we were burgaled a few christmases ago and we had all 6 kids at home then and had no insurance, they took everything except the big items of furniture, they apparently burnt all the kids things they took in their greedy frenzy, I found a lot of stuff lying around the village here, and some hidden stuff, I eventually got some of it back but we have been insured ever since, quite honestly thieves deserve to die a horrible painful death for taking anything other than food, to keep their starving family alive, anything else is off limits as I see it.

Yokai
23rd December 2004, 10:03
The proof rests on proving that you "happened" to be cleaning the weapon, or putting it away, or testing a new bow string. The Dude won't be able to prove that because there are two witnesses on the dead guy's side in this case.

Surely the proof lies with the prosecution that he WASN"T in fear for his life. As I understand the criminal process here, burden of proof is on the prosecution in all cases.

I'd be inclined to say that I was in fear of my life. That this was reasonable, that there was no intent to kill the dude but to protect myself. It is then up to the prosecution to prove that I was NOT in fear of my life and that I HAD intent to kill.

Otherwise the default position is that I am guilty of the offence of *insert offence* rather than the default position being that I am innocent and then the prosecution PROVING that I was guilty of the offence.

Don't get me wrong - I don't condone death for anyone (I'm a bleeding heart liberal and feel that the death penalty punishes less the perpetrator than the family of the perp.) BUT if I was in the situation I'd be inclined to argue my case as above.

I think that my closing statements to the court would be along the following lines:

"Did I kill the victim? Yes. Did I do so while in the process of being robbed? Yes. Was I protecting my property? Yes. Because I believe, as I am sure you do, that our lives are our property. I can express to the victim's family how sorry I am that this occurred, and that I hope that others learn from our situation. It is of course reasonable that the family would seek recompense and seek to have the court find me responsible for the victim's death.

I *am* responsible for his death, and for that I am truly sorry. I was in fear of losing my life. I have presented a clear case that I was in fear for my life and that I had no intent to kill the victim. I have shown without doubt that it was reasonable to threaten the victim with the weapon in order to prevent harm to myself. I have also shown that the victim continued to threaten me and showed no signs of being dissuaded from harming me. It was at this point and only this point that I fired upon the victim. My sympathies lie with the family of the victim here. Through no fault of their own they find themselves being punished by the actions of the victim.