Legal expert warns proposed Castle Law in Queensland could permit murder without consequence

A proposed Castle Law for Queensland is facing strong criticism from a leading legal expert who warns the US-style laws could permit murder without consequence and do more harm than good. VOTE IN OUR POLL >>

Hinchinbrook MP Nick Dametto and Dan Creevey, principal of Creevey Horrell Lawyers, have clashed over the topic of Castle Law.

A proposed Castle Law for Queensland is facing strong criticism from a leading legal expert who warns the US-style laws could permit murder without consequence and do more harm than good.

Dan Creevey, principal of the Brisbane-based law firm Creevey Horrell Lawyers, which expanded into Townsville in 2022, has raised serious concerns about the controversial proposal, saying it could permit a form of murder without legal recourse.

However, KAP Deputy Leader Nick Dametto has strongly rejected these criticisms, describing them as “outright leftist hysteria.”

The Katter’s Australian Party (KAP) introduced a bill last month to amend section 267 of Queensland’s Criminal Code.

This amendment would allow individuals to lawfully respond to a home invasion with force that may cause grievous bodily harm or even death to the intruder.

Alongside this bill, KAP has also launched a petition advocating for the law, which has already garnered widespread support with around 40,000 signatures.

Mr Creevey has urged extreme caution regarding the proposed law change, highlighting its potential dangers and conflicts with existing legal standards.

“Our position is that the Bill lacks sufficient detail and could cause more harm to Queenslanders if enacted,” Mr Creevey said.

“It is clearly inconsistent with the Criminal Code’s detailed interpretation of the use of ‘reasonable force’.

“For example, the draft laws within the Bill would allow a person to use force intended to cause death or serious injury to intruders without the person reasonably believing that such force is necessary to prevent death or serious injury.

“Unfortunately, the Bill would permit a form of murder without legal recourse in situations where there may be no direct threat to a person’s life. Ultimately, the Bill is a dangerous response to crime in Queensland.”

However, Mr Dametto insists that the Castle Law is designed to empower victims of home invasions and safeguard their right to defend themselves.

“It’s interesting to hear that the Castle Law bill has been described by some as ‘a dangerous response to crime in Queensland’,” he said.

“In my view, the current state of crime in Queensland and lack of any meaningful response by government is far more dangerous than Castle Law. Too many people have already lost their lives to this scourge on our society.”

Mr Dametto also addressed the claims about the bill’s lack of detail.

“The sweeping statements made by those opposed to KAP’s Castle Law bill regarding the lack of details provided in the bill indicates their lack the understanding of a minor legislative amendment,” he said.

“In layman terms, all we are changing is the force that is allowable while defending yourself or property. It changes from like for like to whatever means necessary.

“Anyone who thinks a mother who stabs a home invading rapist while they protect their daughter is committing murder are a sick individual and should be questioning their own moral stance on self-defence.”

Originally published as Legal expert warns proposed Castle Law in Queensland could permit murder without consequence