Dametto introduces bill to protect right to defend your castle - or your cave

Nick Dametto’s bill to adopt Castle Law has been accepted into parliament and referred to a safety committee. See the proposed amendments.

According to Hinchinbrook MP Nick Dametto the only protection a home intruder should be afforded, is the wooden barrier of a front door.

While introducing his latest private members bill in Queensland parliament, the Katter’s Australia Party member took the first steps towards seeing Castle Law adopted.

“We are introducing this bill to the house, to test whether both sides of the house (Liberal and Labor) support what Queenslanders are asking for,” Mr Dametto said.

Castle Law is a catch-all term for extreme laws which give an occupant the right to lethally protect their home from an intruder, and are currently active in some US states.

On Wednesday, May 1, Mr Dametto introduced the Criminal Code (Defence of Dwellings and Other Premises - Castle Law) Amendment Bill 2024 to parliament, where it was accepted and referred to the Community Safety and Legal Affairs Committee.

Hill MP Shane Knuth, flanked by Katter's Australian Party state leader Robbie Katter and Hinchinbrook MP Nick Dametto. Picture: Supplied

The committee will examine the bill to see if it meets legislative and human rights standards.

This includes torture-testing the proposed amendments to see if they hold water, including considering how the law would act in unusual scenarios, such as a well-meaning visitor being attacked or a squatter protecting their tent.

Another consideration is if such a law will lead to home invaders arming themselves better and becoming more violent.

Speaking in parliament, Mr Dametto said he hoped Queenslanders - whether they’re living in a house, car or even a cave - will one day have full rights to protect themselves from an attacking invader.

“It is one thing to be scared to leave your house, it’s a whole other thing to feel scared in your own house,” he said.

“The rationale of Castle Law is not about promoting unnecessary violence. Its aim is to give occupants legal protections against the unintended consequences of defending themselves.”

Currently, the Queensland criminal code allows a resident to defend themselves and their home with ‘like-for-like’ force, using the “force necessary” to deter an invader.

How the police define ‘like-for-like force’ is a grey area, one Mr Dametto wants eradicated.

Proposed amendments to section 267 of the Criminal Code:

- REMOVE the factor that an occupant must REASONABLY BELIEVE an intruder is trying to commit an INDICTABLE OFFENCE in order to lawfully use force

- REMOVE the factor than an occupant can ONLY use legal force if it is “NECESSARY TO USE FORCE”

- ALLOW an occupant to lawfully use force against another person in their house in order to prevent that person from “UNLAWFULLY entering the dwelling” and “UNLAWFULLY remaining in the dwelling”

- ADD the definition of ‘premises’ to include a building, a room, the land where a building is, a vehicle, caravan, tent or cave

- ADD conditions that grievous bodily harm and murder in self-defence is only allowed if the intruder attempts to enter the dwelling in the night OR threatens actual violence OR pretends to be armed with a weapon OR is in company of one or more persons OR damages, threatens or attempts to damage any property OR the occupant “reasonably believes” the intruder is attempting to commit an indictable offence OR action is necessary to prevent the death, or bodily harm to, a person.

Originally published as Dametto introduces bill to protect right to defend your castle - or your cave