Right to defend residence to be tested in court

Residents’ right to defend their homes from intruders will come under scrutiny in court, after an alleged aggravated burglary turned fatal.

Residents’ right to defend their property from intruders will be tested in court.

The right of residents to defend their homes from intruders is set to be tested in court after an alleged aggravated burglary turned fatal.

Klay Holland is charged with the murder of 39-year-old Shane Cox who was found wrapped in a blanked in Melbourne’s northwest after being killed last week.

But in a bizarre twist Mr Holland’s legal team has told the Herald Sun he was protecting himself and a friend from a home invasion at the time.

High-profile criminal lawyer George Balot said central to his client’s defence would be the ability of residents to defend themselves in their homes.

Mr Balot said Mr Holland was with a friend at her home in Melton when Mr Cox allegedly broke into the house.

“Lest there by any confusion, the deceased in this matter was in the course of committing an aggravated home invasion whilst my client was allegedly present at the house with a mother of young children who was screaming for help,” he said.

“The deceased persisted with the home invasion.

“Members of the community are entitled to defend themselves, their home, their property and to also to defend others from aggravated home invaders provided that the force used is a reasonable response in the circumstances as the person perceives them.”

Mr Holland was charged on Monday after detectives launched a public appeal to find him.

It is alleged he spent five nights avoiding police before they finally tracked him down in Docklands.

Mr Balot denied any claim his client had spent almost a week on the run.

“My client has voluntarily handed himself to police by appointment. He has instruct me to vigorously defend the allegations against him in court,” he said.

Mr Holland is facing one count of murder and has been remanded in custody.

He was named as a “person of interest” after Mr Cox’s body was found at a home in Fay Street about 11am on March 17.

Written outside the unit on the mailbox were the words “I’m guna (sic) get u”.