what's the legality of this situation?

[What?]

Hypothetically speaking, if you caught some scum in the act of flogging your possessions and you are prepared to deliver some real justice yourself, bearing in mind that our laws offer these filth "rights", why the fuck would you call the cops????

Oi, Trash, have you read this?: http://www.kiwibiker.co.nz/forums/showthread.php?t=8268

Too good!

[White trash]

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

What's fucken funny about those rules, is how the hell am I s'posed what carries a three year sentence?

[FROSTY:Me]

The "justice" system works in truely weird ways.
The thief--as a hardened crim with a rap sheet will get a slap on the wrist.
You however with a clean slate will get the book thrown at ya to "warn You Off" of crime before its too late.
My empathy goes to the duse who did the "assaulting" I went through the same sorta shite when i caught some lil shits in they yard I used to work at.
If it was me in this blokes shoes i would probably deny ever touching the lil bugger. -He musta tripped and fell--and it is a big scarey motorbike that fell on him etc etc--Im sorry I diddn't mean to stand on his face but the bike was crushing him

[Deano]

I once caught a guy going through my car late at night - when I confronted him he first tried to deny it, then said he hadn't taken anything (wasn't much in there to take in the first place). He had had a few drinks and started getting lippy about me interrogating him, then he moved towards me in a menacing manner so I clocked him once then put the boot in a few times.

He limped home. I bet he had problems walking the next day.

Had no comebacks on that one.

[Death 'N' Taxes]

What's fucken funny about those rules, is how the hell am I s'posed what carries a three year sentence?

The colon at the s35(a) is to be read essentially as "can be both or either".
So that means that you do not have to worry about what the crime carries as a sentence if it is at night when you arrest them.

At work, we have had major battles with legislative drafters using colons instead of "or" and trying to understand what they are intending. Their reasoning is that if they use "or" only one of the options can apply for the section to apply.
Frustrating as hell

[spudchucka]

What's fucken funny about those rules, is how the hell am I s'posed what carries a three year sentence?

[223.Punishment of theft—




Every one who commits theft is liable as follows:


(a)in the case of any offence against section 220, to imprisonment for a term not exceeding 7 years; or


(b)if the value of the property stolen exceeds $1,000, to imprisonment for a term not exceeding 7 years; or


(c)if the value of the property stolen exceeds $500 but does not exceed $1,000, to imprisonment for a term not exceeding 1 year; or


(d)if the value of the property stolen does not exceed $500, to imprisonment for a term not exceeding 3 months.]

[226.Conversion of vehicle or other conveyance—




(1)Every one is liable to imprisonment for a term not exceeding 7 years who, dishonestly and without claim of right, but not so as to be guilty of theft, takes or uses for his or her own purposes or another person's purposes—


(a)any vehicle, ship, or aircraft; or


(b)any part of any vehicle, ship, or aircraft; or


(c)any horse.


(2)Every one is liable to imprisonment for a term not exceeding 2 years who attempts to commit the offence in subsection (1) or who, dishonestly and without claim of right, interferes with, or gets into or upon, any vehicle, ship, or aircraft.

I think its safe to say that a late model gixxer is worth a bit more than $1000 and don't forget to garage your horse at night.

[spudchucka]

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.

35 talks about the power to arrest, 37 protects the arresting person from criminal liability if they arrest the wrong person. So long as they believed on reasonable grounds that they were arresting the correct person.

It doesn't protect you from being charged but it provides a defence if your actions are judged to be reasonable in the circumstances.

[gman]

many moons ago (bout ten years) i had a newfounldland cross roweiler dog.
a fucken huge hairy rotty kids used to ride him round the house!!
anyway back to the story...i spoke to a police man about this hpothetical situation.... if a burglar jumps my two metre high fence......the dog doesnt eat him ......and i inflict some nasty ...um stop said intruder from going any further....what happens to me??..
he said if the dogs tied up and i hide my bat....i mean hold the bad guy till they get there then thats all good and they wont look too hard if you get my drift..

http://www.kiwibiker.co.nz/forums/ne...te=1&p=159749#
Rifle

[DEATH_INC.]

load the bike in the van then drive off(after getting his permission),being careful that he doesn't get hooked up on something on the back........or fall out the back door at speed.......or step out in front of you.........