Aussies Want Stronger Self-Defence Laws: Castle Law Petitions Gain Major Ground
So far, over 6,000 New South Welshmen are supporting a self-defence e-petition backed by the NSW Libertarians.
They want Castle Law and its moral clarity.
Put simply, Castle Doctrine grants immunity to citizens for defending their homes against intruders.
Current New South Wales legislation is almost non-existent, and appears to be more for the benefit of the intruder than the defender. The laws that do exist seem contradictory, unclear, and open to interpretation.
For example, while the NSW Crimes Act, Section 418-419, allows for the defence of person and personal property, Section 420-422 appears to negate it.
Property homeowners are not protected if a violent intruder is injured or killed in self-defence.
The current law’s protections pivot heavily towards preventing “intentional or reckless” injuries over petty trespassing.
Self-defence against violent intruders is subsumed into the “manslaughter” part of the trespasser legislation. There is no automatic immunity.
There is also no distinction between being intentionally shot for taking a shortcut using someone’s front lawn and a shootout at the O.K. Corral — while defending your home against deadly home invasions.
Adding Castle Law to the legislation will clarify the difference.
Undermined
Currently, if an intruder is hurt, the property owner can be criminally charged for inflicting injury or death.
Justice rests entirely on the ability of lawyers to convince juries that the property owners’ self-defence was either “reasonable or unreasonable”.
This is what Libertarian legislative member John Ruddick is aiming to fix.
Castle Law will, he said in an email, “give citizens the right to defend their property with whatever force is deemed appropriate.”
Under this law, “many states across the US enable citizens to defend their lives and property without fear of legal repercussion.”
Using examples to “highlight the weaknesses,” Ruddick declared current legislation an “injustice”.
Want less crime? Support Castle Law (aka kryptonite for home invaders).
If you live in NSW please sign this petition and share widely.https://t.co/b0AqdjrOBo pic.twitter.com/LZ3rfGcR0j
— John Ruddick MLC (@JohnRuddick2) August 19, 2025
In 2016, he said, an intruder died after being restrained by a Newcastle resident.
Father and property owner Benjamin Batterham was charged with murder after stopping him.
The intruder turned out to be a convicted rapist. He then died of a cardiac arrest the next day.
A court battle ensued, with the prosecution arguing that Batterham’s use of self-defence was “unreasonable”.
This was despite drugs and other health-related issues contributing to the intruder’s death.
Acquitted by a jury in 2018, he said, “I did what any father would have done.”
Responding to the laws in 2020, Batterham told a 60 Minutes exposé, “This could happen to anyone. It doesn’t make sense.”
Without Castle Law distinctions, he’s “gone from being the victim to being the criminal.”
Ruddick’s e-petition (which NSW residents can sign here) is co-sponsored by Moree Shire Council member Kelly James, and lines up with movements in Victoria and Queensland.
Victoria’s petition, also sponsored by The Libertarians, currently has 16,000 supporters. (Victorians can sign that here.)
Victorian Libertarian David Limbrick’s arguments are on par with Ruddick’s.
Victims’ Rights
Queensland’s 2024 Castle Law pre-election petition secured 40,500 signatures.
A post-election fresh petition saw that number jump a massive 33,500 to 74,000.
Sponsored by the Katter Party (KAP), the need for better self-defence laws is self-evident.
“Existing self-defence laws are inadequate. They force victims to second-guess their actions when faced with a split-second, life-threatening situation.
“That hesitation could cost lives.
“Good laws should be in place to protect good people.”
As KAP Deputy Leader Nick Dametto explained through a press release in July,
“Queenslanders deserve to feel safe.
“They deserve to know that if someone breaks into their home, the law will be on their side if they are forced to defend themselves.”
This petition is about “restoring God-given rights,” Dametto said.
This puts “the balance back, by putting the rights of victims before offenders.”
Closing dates for both the New South Wales and Queensland Castle Law petitions are in late October.
___
Image courtesy of Adobe.
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Thanks for reporting on this Rod.
And thanks to those MPs and others who raise awareness of and petitions about this issue 👍.
Our laws should all be simple, and clearly designed to uphold and promote good and flourishing, not be obscured under complexity so that the court of the day can sway conclusions one way or another to please the highest pressure (oops, nearly said ‘bidder’).
After all, God gave us just Ten Commandments. They seem to cover everything !!