Man who shot Gold Coast home intruder is the 'real victim'

Man who shot Gold Coast home intruder is the 'real victim' | (external - login to view)

A GOLD Coast man who shot and killed an armed intruder did nothing wrong and was simply defending "his home, his castle", a court has been told.

Kane Robert Cook, 29, faced court today charged with manslaughter after he shot one of four intruders he said were in his house when he returned home at about 1.40am yesterday.

The fatally wounded man lurched out into the street and bled to death in a gutter 50m away from Cook's home at Gilston.

Mr Cook's lawyer Bill Potts told the Southport Magistrates Court it was staggering that a man who'd simply defended himself against intruders was now facing a criminal charge.

"Under the law a man is allowed to use lethal force against a person who is demonstrably armed with a weapon and prepared to use lethal force against him," Mr Potts told the court.

"Does a man have to be killed or bashed to pieces to justify killing an armed robber in his own home?"

Mr Potts said his client had returned home to find four intruders lying in wait for him inside his house.

Mr Cook struggled with one man, who had a gun and was wearing a balaclava, and managed to grab the weapon and shoot the intruder in the upper leg, Mr Potts told the court.

Police prosecutor Glenn Whittle said the wounded man ran up the street towards a car parked nearby and bled to death before he could reach it.

Inside the car, which was registered to an address at Benowa on the Gold Coast where the dead man had been staying, police found a jewellery box carrying the name of Mr Cook's partner, a black balaclava, a homemade club and amphetamines.

When police later searched the Benowa home they found a hand-drawn "mud map" of Mr Cook's house with his name on it.

Sergeant Whittle confirmed there'd been a struggle inside Mr Cook's house before the shooting, with the dead man shot with a World War II Luger 9mm pistol.

Mr Cook had it in his hand when he went to his neighbour's home and told them: "Call police, call ambos, I shot someone", Sgt Whittle told the court.

He said after putting the gun down Mr Cook was allowed inside to call triple zero and told the operator he'd shot someone and had been robbed.

When police arrived, they found a pool of blood outside the house.

They followed the blood trail up the street and found the man's body in the gutter, Sgt Whittle said.

Police told the court Mr Cook should not be granted bail, but magistrate Catherine Pirie decided to free him, on the condition he report to police once a week.


Yeah sorry, he defended himself and his home.... and if I was in that situation, I would have done the exact same thing. They were already in his home, he had a gun and therefore, it turned into a life or death situation. If the robber didn't want to risk his life he shouldn't have brought a gun with him, let alone broke into his home.

It's unjustified to charge this man for merely defending himself.
Pretty easy to see that this was a case of self-defense.

Edit: I originally thought that it was the judge that said he was the "real victim", but it was the man's lawyer. I do hope that they dismiss the charges against him, as there seems to be a lot of evidence that shows he was defending himself from robbers.
The man did what he should have done, who can possibly debate with armed gunmen
robbing your house? The whole system is out of tune most of the time. We need some
common sense in the justice system. We will have a big trial and determine it was a
case of self defence.
We have been drifting this way for some time. Check out the Ian Thompson case, or the Lawrence Manzur case right here in Saint John.

Great Britain is already there, with a man convicted and imprisoned for 10 years for the crime of shooting dead a 16 year old habitual robber that atacked him with a steel bar.....inside the man's rural home

I guess Australia is slipping as well.

Hopefully the Conservatives will put an end to this particular descent into stupidity in Canada.
#5  Top Rated Post
The law says you can respond with 'like force'.... it seems to me that there is nothing that is as cut and dry as 'like force', as using their own weapon.
Agreed.... based on the arguments of the case for charging him in the first place, it makes it sound as though they expect us all to curl up in a ball and simply just be robbed and then killed..... and then leaving it to the police after the fact to try and figure out what happened, not to mention whether or not any sort of justice would ever be met.

No matter what the situation may be, if someone comes up to me and pulls a knife, I'm going to do everything in my power to take that knife and shove it in their eye..... if they draw a gun, I'm going to do everything in my power to get that gun and shoot them in the head..... if they pull out a crowbar, baseball bat, a rubber *****, whatever.... I'm going to take that weapon and use it against them without mercy, or die trying.

The moment someone threatens your safety, the safety of your loved ones or more specifically, your life..... then it's your life or theirs, and they forfeit theirs when they create the situation.

They could have easily never made the aggression, they could have lived a normal and respectful life, they could have got a job and contributed to society like the rest of us, they could have left well enough alone and go on normally..... but they didn't, and thus, they get what's coming to them, and for those who think "Oh, that poor attempted robber" or "Oh that poor rapist" or "Oh that poor murderer"...... I say poor you.... you need a good foot up your ***.

I'm just waiting for the day when we hear of a situation like the above report and it's argued that the dead robber had a mental illness, wasn't responsible for their actions, and thus, the person who shot them with their own weapon is found guilty because they didn't pander to their mental illness and let them do what they wanted..... thus, the robber with the loaded gun was the victim.

Kiss my ****, the victim..... pssh.

Just wait, it'll happen eventually.
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