what's the legality of this situation?

[NC]

The bottom line is if I catch someone trying to steal my bike I will go insane and simply put try and kill him (or her for that matter). I cant help it if I have a anger problem. Why should anyone that takes things that are not there's have rights.

Lemme guess, you'd full a tyre with petrol and stone them?

[Roadrash]

I would probably beat the crap out of them and then tell the cops he tried to beat the crap outta me and steel my bike, and that i feared for my life.

[loosebruce]

Me, well if i caught some wank loading my bike up (well okay not the TL as i'd proberly help him and giv em a doz beer and ring my insurance company, but if i had a cool bike like a gix K3) i'd kick the shit out of him, leave him on the footpath, alive but unable to walk, then finish loading my bike up and fuck off with his van.

Van = Trackday Transport

[NC]

then finish loading my bike up and fuck off with his van.

Van = Trackday Transport

Now that's classy

[Hooks]

Nah mate .... just tell 'em the bike did it !!! .......
It's big, it's mean and one heavy motherfucker when it falls on some inexperienced, useless, scumsucking, festering piece of shit !! Oh and can I book a place at the shit-kickers waltz if you do catch them at it ... :sly: my dancing boots need breaking in ......

[spudchucka]

Thanks for that, D. We've already done that, I'm wondering what happens to ya after you've beaten the shit outta them?

Did the cops get involved? If not, why worry?

Did the guy make a complaint? Did he make a statement to the cops about how he was just pinching this flash as bike when these dudes jumped him and beat the crap out of him?

If he did make a complaint you would be charged and you would be best to hope for a jurry full of bikers, then you'd be sweet as.

[spudchucka]

Thing is, according to law, the bastard has rights aswell. You probebly have heard of the robber hurting himself during a robbery and getting a million bucks from the home owners

That would be America, we aren't quite that stupid here, YET!

[spudchucka]

You could do that. Citizen's arrest in all.

There are some funny restrictions on it though under the Crimes Act.
sections 35 - 37 about cover it think (if anyone is bored enough to look it up)

After 9:00PM and an offence punishable by 3 years or more imprisonment, (off the top of my head, could be wrong).

[Redstar]

I was reading a bike review on my Bike RF900 uk and one of the major selling points was you can leave the keys in it with a steal me sign and there will be no takers.. well thats why I married an ugly woman and bought an RF900! not strictly true. but I can leave my bike in a degree of faith and my wife is subject to not leaveing her in careless places

[mikey]

whats his number plate... how about a little employment for young mikey here blowing up his truck? or maybe a deal on a new bike?

[riffer]

I was reading a bike review on my Bike RF900 uk and one of the major selling points was you can leave the keys in it with a steal me sign and there will be no takers.. well thats why I married an ugly woman and bought an RF900! not strictly true. but I can leave my bike in a degree of faith and my wife is subject to not leaveing her in careless places

Gee mate, you're all class.

[inlinefour]

You return from the movies/dinner/pub to find some bastard in the process of stealing your pride and joy.

A shiny GSXR1000K3 half loaded into the back of a van.

You beat seven shades of shit.....I mean, he repeatedly falls on his face while you're waiting for Spud, Scumdog and the boys to arrive and collect the looser.

I know technically, you could be in a world of shit, but would you realisticaly be charged with anything?

Yes I suspect that you would be charged

[Sensei]

Having caught someone doing this to friends car out side our flat one morrning after been out on the Town , he was still trying to get CD player out of dash . Phoned Police & told them that there was someone lying unconcious on the Footpath out side , looked like they had been in a fight or something . They came & took him away nothing more said >
SENSEI :sly:

[Jamezo]

Having caught someone doing this to friends car out side our flat one morrning after been out on the Town , he was still trying to get CD player out of dash . Phoned Police & told them that there was someone lying unconcious on the Footpath out side , looked like they had been in a fight or something . They came & took him away nothing more said >
SENSEI :sly:

w00t! that's the spirit.

[Sycophant]

Powers of arrest...

35.Arrest of persons found committing certain crimes—
Every one is justified in arresting without warrant—
(a)Any person whom he finds committing any offence against this Act that is punishable by death or for which the maximum punishment is not less than 3 years' imprisonment:
(b)Any person whom he finds by night committing any offence against this Act.

36.Arrest of person believed to be committing crime by night—
Every one is protected from criminal responsibility for arresting without warrant any person whom he finds by night in circumstances affording reasonable and probable grounds for believing that that person is committing an offence against this Act.

37.Arrest after commission of certain crimes—
Where any offence against this Act has been committed, every one who believes, on reasonable and probable grounds, that any person has committed that offence is protected from criminal responsibility for arresting that person without warrant, whether or not that person committed the offence.

39.Force used in executing process or in arrest—
Where any person is justified, or protected from criminal responsibility, in executing or assisting to execute any sentence, warrant, or process, or in making or assisting to make any arrest, that justification or protection shall extend and apply to the use by him of such force as may be necessary to overcome any force used in resisting such execution or arrest, unless the sentence, warrant, or process can be executed or the arrest made by reasonable means in a less violent manner:


Provided that, except in the case of a constable or a person called upon by a constable to assist him, this section shall not apply where the force used is intended or likely to cause death or grievous bodily harm.

Right, so I am slightly confused in that 35 sort of contradicts 37 in that 35 stipulates a seriousness of the crime (greater 3 years potential sentence) but 37 does not.

However it seems you are pretty cool to arrest someone who is commiting any offense against the Crimes Act at night. And you can use whatever force is required to overcome their resistance to arrest (which if you aren't a cop would probably be quite high, I imagine). However you can't use force which you calculate to kill them or inflict grievous bodily harm.

So, no shooting them, probably can't stab them, hitting them with bits of wood and stuff is probably out too.

No, lets see. I have a pair of Smith & Wesson steel handcuffs, and a 5 D-Cell Maglite -- I am out to patrol the streets, on my BIKE OF JUSTICE!