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四文鱼哥 发表于 2025-6-5 15:21 
没用的，养狗咬伤了劫匪狗主人还要去坐牢的，新西兰就不存在防卫过当甚至是正当防卫
而且大概率这次抢劫 ...
The Dog Owner's Situation:
New Zealand's Dog Control Act 1996 holds dog owners responsible for their dogs' actions, even on their own property. However, there are nuances:
"Total Absence of Fault" Defence: While dog owners are generally strictly liable for attacks, a key defense is "total absence of fault." This means the owner must prove they took every practical step to prevent the attack. In the case of a burglar, it's highly probable that a court would consider the homeowner to have a "total absence of fault" as the dog was defending the property against an unlawful intrusion.
Self-Defense and Defense of Property: New Zealand law (Crimes Act 1961, Section 48 and 55) allows for the use of reasonable force to defend oneself and one's property. While this primarily applies to human actions, the presence of a dog acting as a deterrent against a burglar can be viewed in this context. The force used (by the dog) must be "reasonable" in the circumstances. An attack on an intruder by a dog on its owner's property during a burglary is generally considered reasonable.
Potential for Investigation: Even if the dog owner is ultimately not held liable, there might still be an investigation by local animal control officers. They will assess the circumstances of the attack, the severity of the injuries, and whether the dog is deemed a danger to the public.
Dog's Future: In very severe cases, or if the dog has a history of unprovoked aggression, a dog control officer could potentially seize the dog. However, in the context of defending a home against a burglar, it's highly unlikely the dog would be euthanized or subject to harsh penalties, especially if it was a first-time incident and the attack was a direct response to the intrusion. The court would likely consider the "exceptional circumstances" of a home invasion.
No Criminal Charges (Likely): It's improbable that the dog owner would face criminal charges for their dog attacking a burglar. The legal system generally recognizes the right to defend one's home. |
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发表于 2025-6-5 09:31:39
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估计熟人作案。
现在终于明白拥枪的好处了