Castle Law

Nobody should be expected to calmly calculate exactly how much force is legally permissible while an intruder is breaking into their home.

A home invasion is an inherently dangerous and unpredictable situation. The person who unlawfully enters someone else's home creates that danger. The law should recognise this reality and give occupants confidence that they can protect themselves, their families and their homes without having their split-second decisions second-guessed with the benefit of hindsight.

Western Australia already recognises a special right to defend against home invasion under section 244 of the Criminal Code. The Libertarian Party believes these protections should be strengthened.

Your Home, Your Right to Defend It

Castle Law recognises a simple principle: when someone unlawfully enters your home, you should have the right to defend yourself and the people inside it.

An occupant acting in good faith against a home invader should not be required to retreat from their own home.

Nor should a frightened person confronting an intruder in the middle of the night be expected to precisely calculate what a court may later consider the minimum necessary level of force.

We would strengthen Western Australia's existing home-invasion laws by adopting the principle used in UK Castle Law: force used by an occupant against a home invader should not be unlawful merely because it is later judged disproportionate. The protection would instead be lost where the force used was grossly disproportionate.

This is an important distinction.

Castle Law is not a licence for revenge. It does not give someone the right to chase a fleeing burglar down the street or attack somebody after the threat has passed.

It recognises that the person who unlawfully invades another person's home bears responsibility for creating a dangerous confrontation, and that the law should give the benefit of the doubt to the person defending their home.

The Libertarian Party WA will:

1. Strengthen Western Australia's existing Castle Law protections.
   Amend section 244 of the Criminal Code to provide stronger legal protection to occupants defending themselves, their families and others against home invaders.
2. Adopt a “grossly disproportionate” standard.
   An occupant defending their home should not lose the protection of the law merely because a court later considers the force used disproportionate. Protection would be lost where the force used was grossly disproportionate in the circumstances.
3. Recognise that there is no duty to retreat from your own home.
   Western Australians should never be legally expected to abandon their home rather than defend themselves against an unlawful intruder.
4. Protect people acting in good faith.
   Courts should recognise the fear, confusion and uncertainty faced by somebody confronting a home invader rather than judging their actions as though they had the luxury of time and perfect information.

A criminal chooses whether to invade somebody else's home.